James Lacera v. Department of Children, Youth, and Families

Syllabus

The plaintiff, James Lacera, appealed from a final order of the Family Court dismissing his verified miscellaneous petition for declaratory judgment. The action stemmed from an investigation by the Department of Children, Youth, and Families into the maltreatment of the plaintiff's biological grandchild through his son. DCYF took Mr. Lacera's biological grandchild into custody and placed the child with a nonrelative foster family. Mr. Lacera commenced efforts to secure placement of the child. After efforts were unsuccessful, Mr. Lacera filed a petition for declaratory judgment seeking declaration that DCYF violated his statutory rights to priority placement and adoption of the child as a fit and willing relative pursuant to G.L. 1956 § 14 1 27(c). By the time Mr. Lacera filed the petition, however, the Family Court had terminated Mr. Lacera's son's parental rights to the child. DCYF moved to dismiss the petition on the pleadings. The hearing justice determined that Mr. Lacera lacked standing to bring the petition and granted DCYF's motion to dismiss. Mr. Lacera appealed, maintaining that he had standing to pursue his declaratory-judgment petition. The Supreme Court held that Mr. Lacera lacked standing to bring the petition because any statutory rights Mr. Lacera had with respect to his biological grandchild were derivative of his son's, and they therefore were extinguished when his son's parental rights were terminated. Accordingly, the Supreme Court affirmed the order of the Family Court.