A.B. v. B.F.

CourtNew York Family Court
Writing for the CourtTHOMAS BENEDETTO, J.
Citation2022 NY Slip Op 50251 (U)
PartiesIn the Matter of A.B. A Child under the Age of Eighteen Years, Alleged to be a Neglected Child by v. B.F., Respondent.
Decision Date08 April 2022

2022 NY Slip Op 50251(U)

In the Matter of A.B. A Child under the Age of Eighteen Years, Alleged to be a Neglected Child by

B.F., Respondent.

Family Court, Oswego County

April 8, 2022

Unpublished Opinion

Audrey Flynn Esq for parent E.B. Anastasia Gagas, Attorney for Child

Taryn Perrone, Attorney for Department of Social Services.

Jean Brown Esq. Attorney for Respondent B.F.


The above-entitled matter is before this court pursuant to a Motion by the Oswego County Department of Social Services (hereinafter know as DSS) under FCA §1061 to modify a prior dispositional order of this court, signed November 18, 2021 and entered on December 14, 2021. The respondent in the above case, B.F., had admitted neglect of the infant child, A.B., date of birth xx/xx/ 2018. The extent of her admission resulted in a finding of neglect was that" she has substance abuse issues that impair her ability to provide adequate care, guardianship and supervision to the subject child, thereby placing the child at risk of harm. The physical, mental and emotional condition of the child was impaired or in imminent danger of becoming impaired constituting child neglect ". The infant child was originally released to her father, E. B. pursuant to a Temporary Order of Removal signed by the court April 30, 2021. The Order of Disposition as to respondent B. F. signed November 18, 2021 provided for several decretal paragraphs of actions which Ms. B. F. had to engage in and/or providers she had to contact and follow their directives until successfully discharged therefrom. The Order signed November 18, 2021 continued the release of the child to the non-respondent parent, E. B., pursuant to FCA §1057. The child has been with Mr. E.B. since the inception of these proceedings up to and including the present time. The said order further provided that Ms. B.F. would be under the supervision of DSS pursuant to FCA Section 1057.

DSS filed an Amended Notice of Motion, dated January 7, 2022 with the court on said date wherein they moved pursuant to FCA §1061 to modify the aforesaid dispositional order dated November 18, 2021. The manner in which they sought to modify same was to modify it from a release to a supervision order. The department sought to vacate the release to the non-respondent parent, E. B., of the infant child and return the child to respondent B.F. with various orders for supervision on the respondent for a period of six (6) months. The Notice of Motion was originally returnable March 1, 2022. The Amended Notice of Motion provided that any affidavits and oppositions thereto had to be filed with the court by February 21, 2022. DSS had not served the Notice of Motion upon E.B., the non-respondent parent. Further, Mr. E.B. advised that he opposed the motion in any event and requested the assignment of counsel on his behalf.Therefore, the Court granted his request for counsel and subsequently adjourned the motion to March 22, 2022. On the return date, DSS appeared with counsel, Respondent, B. F., appeared with counsel, Anastasia Gagas, Esq., AFC for the...

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