In Re: K.A.Y.and A.M.Y.

Wayne and Mary Stuart ("Stuarts"), as foster parents, had physical custody of a set of twins ("Children") for approximately a year and a half when the Department of Children's Services ("DCS") removed the Children from the Stuarts' home and placed them with Paul and Susan Young ("Youngs"). The Stuarts later filed a petition in Knox County Juvenile Court seeking custody of the Children. While the custody matter was pending, the Youngs filed an adoption petition in the Trial Court which was granted. The Stuarts filed a motion to intervene and to set aside the adoption decree. The Trial Court granted this motion. The Youngs filed a Motion for Summary Judgment and cited three grounds in support of their motion: (1) the requirement that adoptive parents have custody of the child; (2) DCS's consent to the adoption; and (3) the statutory foster parent preference for adoption. Without deciding the Stuarts' petition for custody, the Trial Court granted summary judgment as a matter of law to the Youngs. The Stuarts appeal. We affirm.