In Re Dazahnae S. Administration for Children's Services

Appellate Division of the Supreme Court of New York

In Re Dazahnae S. Administration for Children's Services

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

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 2015·No. 2013-09491·Published·Cited by 3 cases

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.

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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.

In Re Dazahnae S. Administration for Children's Services, 126 A.D.3d 802, 2 N.Y.S.3d 903 (N.Y. Ct. App. 2015).

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