In Re Dazahnae S. Administration for Children's Services

126 A.D.3d 802, 2 N.Y.S.3d 903

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 11, 2015
• Docket: 2013-09491
• Status: Published

Opinion

Appeal from an order of fact-finding and disposition of the Family Court, Kings County (Lillian Wan, J.), dated September 10, 2013. The order, insofar as appealed from, after fact-finding and dispositional hearings, directed the father to undergo a mental health evaluation.

Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

At a dispositional hearing in a neglect proceeding pursuant to Family Court Act article 10, “[t]he paramount concern . . . is the best interests of the child [ren]” (Matter of Commissioner of Social Servs. of City of N.Y. v Leona W., 192 AD2d 602, 603 [1993]; see Matter of Phillips N. [Joy N.], 104 AD3d 690, 691 [2013]). The factors to be considered in making the determination include the parent’s “capacity to properly supervise the child [ren], based on current information” and “the potential threat of future . . . neglect” (Matter of Commissioner of Social Servs. of City of N.Y. v Leona W., 192 AD2d at 603; see Matter of Eric Z. [Guang Z.], 100 AD3d 646, 648 [2012]). Here, it was in the children’s best interests for the Family Court to direct the father to undergo a mental health evaluation (see Matter of Salvatore M. [Nicole M.], 104 AD3d 769, 770 [2013]; Matter of Jamarra S. [Jessica S.], 85 AD3d 803, 805 [2011]).

The father’s remaining contention is unpreserved for appellate review and, in any event, without merit.

Leventhal, J.P., Hall, Austin and Maltese, JJ., concur.