| Matter of Kmea J. |
| 2008 NY Slip Op 06605 [54 AD3d 376] |
| August 12, 2008 |
| Appellate Division, Second Department |
| In the Matter of Kmea J. SCO Family of Services, Appellant;Charlene B. et al., Respondents. |
—[*1] Steven P. Forbes, Jamaica, N.Y., for respondent Charlene B. Steven Banks, New York, N.Y. (Tamara A. Steckler and Christine Bella of counsel), attorneyfor the child.
In a child protective proceeding pursuant to Family Court Act article 10, SCO Family ofServices 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 forlack of subject matter jurisdiction and denied its motion for commitment of the subject childpursuant 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 lackof subject matter jurisdiction. The Family Court can involuntarily commit only children withinits jurisdiction, who are defined under the Family Court Act as "person[s] who [have] notattained the age of eighteen years" (Family Ct Act § 119 [c]; § 231). As the subjectchild had reached the age of 18, the Family Court no longer had jurisdiction over her (see Matter of Daniel W., 37 AD3d842, 843 [2007]; Matter of JosephB., 6 AD3d 609 [2004]; Matter of April D., 300 AD2d 657 [2002]). Prudenti,P.J., Ritter, Florio and McCarthy, JJ., concur.