In re Kmea J. SCO Family of Services

Appellate Division of the Supreme Court of New York

In re Kmea J. SCO Family of Services

54 A.D.3d 376, 861 N.Y.S.2d 948

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 12, 2008

StatusPublished

Cited by1 cases

This text of 54 A.D.3d 376 (In re Kmea J. SCO Family of Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Kmea J. SCO Family of Services, 54 A.D.3d 376, 861 N.Y.S.2d 948 (N.Y. Ct. App. 2008).

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Opinion

In a child protective proceeding pursuant to Family Court Act article 10, SCO Family of Services appeals from an order of the Family Court, Queens County (Richardson-Mendelson, J.), dated November 8, 2007, which granted the mother’s application to dismiss the proceeding for lack of subject matter jurisdiction and denied its motion for commitment of the subject child pursuant to Family Court Act § 231.

Ordered that the order is affirmed, with costs.

The Family Court properly held that the proceeding must be dismissed on the ground of lack of subject matter jurisdiction. The Family Court can involuntarily commit only children within its jurisdiction, who are defined under the Family Court Act as “person[s] who [have] not attained the age of eighteen years” (Family Ct Act § 119 [c]; § 231). As the subject child had reached the age of 18, the Family Court no longer had jurisdiction over her (see Matter of Daniel W., 37 AD3d 842, 843 [2007]; Matter of Joseph B., 6 AD3d 609 [2004]; Matter of April D., 300 AD2d 657 [2002]). Prudenti, P.J., Ritter, Florio and McCarthy, JJ., concur.

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In a child protective proceeding pursuant to Family Court Act article 10, SCO Family of Services appeals from an order of the Family Court, Queens County (Richardson-Mendelson, J.), dated November 8, 2007, which granted the mother’s application to dismiss the proceeding for lack of subject matter jurisdiction and denied its motion for commitment of the subject child pursuant to Family Court Act § 231.

Ordered that the order is affirmed, with costs.

The Family Court properly held that the proceeding must be dismissed on the ground of lack of subject matter jurisdiction. The Family Court can involuntarily commit only children within its jurisdiction, who are defined under the Family Court Act as “person[s] who [have] not attained the age of eighteen years” (Family Ct Act § 119 [c]; § 231). As the subject child had reached the age of 18, the Family Court no longer had jurisdiction over her (see Matter of Daniel W., 37 AD3d 842, 843 [2007]; Matter of Joseph B., 6 AD3d 609 [2004]; Matter of April D., 300 AD2d 657 [2002]). Prudenti, P.J., Ritter, Florio and McCarthy, JJ., concur.

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54 A.D.3d 376, 861 N.Y.S.2d 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kmea-j-sco-family-of-services-nyappdiv-2008.

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