Admin. for Children's Servs. v. Fausat O. (In re Joseph A.)

• Decision Date: 10 January 2012
• Citation: 91 A.D.3d 638,2012 N.Y. Slip Op. 00204,937 N.Y.S.2d 250
• Parties: In the Matter of JOSEPH A. (Anonymous), JR.Administration for Children's Services, respondent;Fausat O. (Anonymous), appellant. (Proceeding No. 1).In the Matter of Michael F. (Anonymous).Administration for Children's Services, respondent;Fausat O. (Anonymous), appellant. (Proceeding No. 2).
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 00204
91 A.D.3d 638
937 N.Y.S.2d 250

In the Matter of JOSEPH A. (Anonymous), JR.Administration for Children's Services, respondent;Fausat O. (Anonymous), appellant. (Proceeding No. 1).In the Matter of Michael F. (Anonymous).Administration for Children's Services, respondent;Fausat O. (Anonymous), appellant. (Proceeding No. 2).

Supreme Court, Appellate Division, Second Department, New York.

Jan. 10, 2012.

[937 N.Y.S.2d 251]

Fausat O., Staten Island, N.Y., appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers, Norman Corenthal, and Mordecai Newman of counsel), for respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Diane Pazar of counsel), attorney for the children.REINALDO E. RIVERA, J.P., RUTH C. BALKIN, RANDALL T. ENG, and LEONARD B. AUSTIN, JJ.

[91 A.D.3d 639] In two related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Richmond County (McElrath, J.), dated April 8, 2011, which, after a hearing, found that she had neglected the subject children.

ORDERED that the order of fact-finding is reversed, on the law and the facts, without costs or disbursements, the petitions are denied, the proceedings are dismissed, and the order of disposition subsequently entered upon the order of fact-finding is vacated.

This child protective proceeding concerning Joseph A. (who was then 12 years old) and Michael F. (who was then 10 years old) was commenced in June 2008. It was alleged that the children's mother, a single parent who resided in Richmond County and was employed in New Jersey, was mentally unstable and suffering from hallucinations and delusions, but had refused treatment. It was also alleged that the mother left the subject children home alone for long periods of time while she was at work. The children were removed from the mother on June 27, 2008, and were placed in nonkinship foster care in Queens County. A fact-finding hearing was commenced 17 months later, and testimony was taken on five separate days over the course of the 16–month period between November 2009 and March 2011, during which time the children remained in the custody of the petitioner, the Administration for Children's Services.

At the fact-finding hearing, it was established that while the children were in the mother's care, and despite her refusal to acknowledge her mental illness, they had near-perfect attendance at school and were doing well, even thriving, academically. In fact, several of the older child's report cards indicated that he was performing above grade level in several subjects. Both children also were up to date on their medical examinations and vaccinations, and were of appropriate height and weight for their age. At the conclusion of the hearing, the Family Court issued...