In re the Children's Aid Society for the Guardianship of Keith H. & Michael H.

This proceeding pursuant to section 384 of the Social Services Law to free the two subject children for adoption presents a unique question of law grounded in the public policy of the State of New York as it implements the jurisdictional guidelines set by the Supreme Court of the United States in Halvey v Halvey (330 US 610) and May v Anderson (345 US 528). The seminal case in this State, Matter of Bachman v Mejias (1 NY2d 575) is not dispositive of this issue which may be delineated in brief thusly: Does the physical absence of the children from this State at all stages of these proceedings…