Matter of A.F. (L.F.)

2025 NY Slip Op 50145(U)
CourtNew York City Family Court
DecidedFebruary 4, 2025
DocketFile No.: xxxxx
StatusUnpublished
Cited by1 cases

This text of 2025 NY Slip Op 50145(U) (Matter of A.F. (L.F.)) is published on Counsel Stack Legal Research, covering New York City Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of A.F. (L.F.), 2025 NY Slip Op 50145(U) (N.Y. Super. Ct. 2025).

Opinion

Matter of A.F. (L.F.) (2025 NY Slip Op 50145(U)) [*1]
Matter of A.F. (L.F.)
2025 NY Slip Op 50145(U)
Decided on February 4, 2025
Family Court, New York County
Wilkofsky, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 4, 2025
Family Court, New York County


In the Matter of A.F., J.F.,
Children Under Eighteen years of Age
Alleged to be Neglected by L.F., Respondent.




File No.: xxxxx

Special Assistant Corporation Counsel Swatanter Polce, for the NYC Administration for Children's Services

Alexandra Rosin, Center for Family Representation, attorney for the respondent mother

Brad Martin, The Legal Aid Society, attorney for the subject children Yael Wilkofsky, J.

On or about April 21, 2022, the petitioner Administration for Children's Services ("ACS") filed Family Court Act ("FCA") Article 10 neglect petitions against the respondent mother L.F. ("respondent mother" or "L.F.") on behalf of the subject children J.F., age 5, and A.F., age 7 (the "subject children"). The petitions allege, inter alia, that the respondent mother neglected the subject children by failing to provide them with proper supervision or guardianship in that she suffers from a mental illness which impairs her ability to care for the subject children.

On April 21, 2022, at intake on the petitions, the respondent mother failed to appear and the Court remanded the subject children to the care and custody of the Commissioner of ACS. The subject children were then placed in the care of their maternal great aunt (the "maternal great aunt"). On or about April 25, 2022, the respondent mother appeared in court, was assigned [*2]counsel and requested a hearing pursuant to FCA § 1028. A 1028 hearing was held, at the conclusion of which the Court denied the respondent mother's application, finding that the petitioner established that the subject children would be at imminent risk of harm if returned to the respondent mother's care.

Thereafter, a full fact-finding hearing was held at which petitioner presented documentary and testimonial evidence. The respondent mother also testified at the hearing. In a decision entered on February 13, 2024, the Court found that the petitioner established, by a fair preponderance of the evidence, that the respondent mother neglected the subject children on the ground that she failed to provide the subject children with proper supervision or guardianship in that she suffers from a mental illness that impaired her ability to care for the subject children. The Court then entered findings of neglect against the respondent mother based only upon allegations 1(a) and 1(c) in the petition, specifically, that the respondent mother has a diagnosis of bipolar disorder and depression, that she is prescribed psychotropic medication, that in or around March 2022, the respondent mother stopped attending her psychiatric appointments and stopped taking her prescribed medication, and that on or about April 21, 2022, the respondent mother reported that she is going through things mentally and needs a break and that she would shoot up NYC if she did not get her children back.

A dispositional hearing commenced on June 10, 2024, continued on August 12, 2024 and September 20, 2024, and concluded on December 18, 2024. On December 18, 2024, the Court reserved decision and adjourned the matter until February 5, 2025. At the hearing, the petitioner introduced into evidence the two neglect petitions, redacted to include only allegations 1(a) and 1(c), the February 13, 2024 fact-finding order, the February 7, 2024 permanency hearing order, an agency court report dated May 3, 2024, an agency court report dated June 7, 2024, a court order dated January 18, 2024 and an Observation and Evaluation (Supervised Visitation) Report written by E.W., Ph.D. ("Dr. E.W."), dated August 9, 2024. The petitioner also called as witnesses the agency case worker ("agency case worker" or "Ms. G.") and the maternal great aunt. The petitioner then rested at which point the respondent mother introduced into evidence an October 25, 2023 letter from her social worker at the Henry Street Settlement, her certification of completion of her "Parenting Discoveries" course, dated August 17, 2023, and five letters from the Emma L. Bowen Community Service Center ("Emma Bowen") about the respondent mother's engagement in mental health services, dated October 18, 2023, January 12, 2024, February 4, 2024, April 8, 2024 and June 6, 2024. The respondent mother testified on her own behalf, and she was her only witness. The attorney for the children did not present any evidence or call any witnesses to testify at the hearing.

The documentary evidence, upon which the Court relies, establishes as follows. On January 18, 2024, the Court ordered the agency to "locate and pay for a licensed clinical social worker approved by the Appellate Division First or Second Department to supervise three (3) visits between the [respondent mother] L.F. and the subject children A.F. and J.F. and prepeare (sic) a report for the court and counsel indicating the quality of visitation, any safety issues that arose and any other pertinent information for the court." Additionally, in the February 7, 2024 permanency hearing order, the Court made a finding that the agency made reasonable efforts to effectuate the goal of placement with a fit and willing relative by attempting to set up in-person visits between the respondent mother and the subject children, by following up regarding the respondent mother's mental health services and parenting skills classes, and by retaining a private psychologist to supervise visits between the respondent mother and the subject children.

The May 3, 2024 St. Dominic's Family Services court report, written by the agency case worker, Ms. G., states as follows. The maternal great aunt has identified herself as a long-term resource for the subject children and has expressed interest in pursuing kinship guardianship or adoption for the subject children. A.F. does not wish to return to her mother's home but wishes to continue residing with her maternal great aunt. With regards to services, on August 17, 2023, the respondent mother completed her parenting class, on September 22, 2023, the respondent mother completed a psychological assessment, and on September 27, 2023, the respondent mother completed an intake appointment for mental health services. The respondent mother was assigned a therapist in December 2023 and she has been consistently attending her therapy appointments. The respondent mother was diagnosed with major depressive disorder and she is working on anger management techniques to help her cope with her trauma responses. The agency is unable to inquire about the respondent mother's progress in her programs directly from the providers themselves because the respondent mother has refused to sign HIPAA releases. The respondent mother's agency-supervised in-person visits are scheduled for Tuesdays and Wednesdays from 4:30-6:00 p.m. but she has not been visiting consistently.

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Matter of A.F. (L.F.)
2025 NY Slip Op 50145(U) (NYC Family Court, 2025)

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Bluebook (online)
2025 NY Slip Op 50145(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-af-lf-nycfamct-2025.