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Decided on May 31, 2005
Family Court, Kings County

B-7754/02

For Administration for Children's ServicesNoah Powlen, Esq.
For Seamen's Society for ChildrenJohn Eyerman, Esq.
Law GuardianJill Wade, Esq.
For Marlene P. James M. Abramson, Esq.
Nora Freeman, J.

By order dated October 25, 2004 this Court permitted Marlene P, formerly the foster parent of the child Charisma D., to participate in a permanency proceeding pursuant to a petition filed by the Administration for Children's Services ("ACS"); Family Court Act ("FCA") section 1055-a. The Court stated in that order that "given the significant events . . . the Court's review will require a full hearing to determine "the ultimate question of what arrangement is best for the child in light of current circumstances.'" ACS moved on December 21, 2004 to re-argue and to vacate the October 25th order. After reviewing the papers submitted since December 21, 2004 by ACS, Seamen's Society for Children ("the agency"), the law guardian, and Ms P., the Court grants the motion for re-argument and upon re-argument denies Ms. P. status to participate, and vacates the October 25, [*2]2004 order. The Court's reasons are set forth below.
Procedural History
Charisma was placed in foster care shortly after her birth on July 8, 1999. The neglect case against her birth mother (docket NN16047/99) was completed promptly, resulting in a dispositional order dated November 4, 1999, which placed Charisma in foster care until September, 2000. The agency's petition to terminate parental rights, filed on April 9, 2002, was granted after inquest on August 7, 2002. The birth mother, however, filed a motion to vacate the order entered on her default. That motion was granted on February 27, 2003. After a second inquest held on May 20, 2002 the Court again signed an order terminating parental rights (on June 20, 2003). A second motion to vacate the default was "settled" on September 4, 2003, by agreement to uphold the fact

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