| Matter of Naricia Y. |
| 2009 NY Slip Op 02501 [61 AD3d 1048] |
| April 2, 2009 |
| Appellate Division, Third Department |
| In the Matter of Naricia Y., a Child Alleged to be Neglected.Clinton County Department of Social Services, Respondent; Jennifer AA., Appellant.(Proceeding No. 1.) In the Matter of Todd Z., a Child Alleged to be Neglected. Clinton CountyDepartment of Social Services, Respondent; Jennifer AA., Appellant. (Proceeding No.2.) |
—[*1] Christine G. Peters, Clinton County Department of Social Services, Plattsburgh, forrespondent. Kelly M. Corbett, Law Guardian, Fayetteville.
Stein, J. Appeals from three orders of the Family Court of Clinton County (Lawliss, J.),entered April 11, 2008, which, among other things, granted petitioner's applications, in twoproceedings pursuant to Family Ct Act article 10-A, to terminate the placement of respondent'schildren.
Respondent admitted to the neglect of two of her children (born in 1990 and 2001) followingthe arrest of the man with whom she was cohabiting. Family Court found that it would be unsafefor the children to be in respondent's care at that time and temporarily placed them in the custodyof respondent's mother. At a permanency hearing held after the commencement of theseproceedings, all parties agreed that the children should be returned to respondent's care andcustody and that respondent no longer needed petitioner's services. Family Court terminated thechildren's placement, but continued petitioner's supervision of respondent. In addition, FamilyCourt, sua sponte, issued an order of protection which, among other things, prohibitedrespondent from permitting any unrelated male into her residence without petitioner's oversight(specifically requiring petitioner to conduct a background check and interview of said male[s])and from purchasing, possessing or consuming any alcoholic beverages at any time. Respondentnow appeals from the imposition of these conditions on the termination of the children'splacement.
Pursuant to Family Ct Act § 1056, Family Court is empowered to issue orders ofprotection setting forth reasonable conditions of behavior in assistance of its other ordersregarding the placement of children. Notwithstanding Family Court's considerable discretionregarding the nature of the conditions (see Family Ct Act § 1056 [1] [h]; Matter of Caitlyn U., 48 AD3d934, 935 [2008], lvs denied 10 NY3d 710 [2008]; Matter of Catherine P.,269 AD2d 702, 703 [2000], lv denied 95 NY2d 751 [2000]; Matter of Joyce SS.,234 AD2d 797, 800 [1996]), we find no record evidence that the conditions imposed here werenecessary to promote the best interests of the children (compare Matter of Joyce SS., 234AD2d at 800). The restriction on allowing unrelated males into respondent's residence is sobroad that it would effectively prevent countless persons who pose no threat to the children'swell-being—such as repair persons and even the children's friends—from entering.Additionally, there is no record evidence that, since the event which led to the children'sremoval, respondent has allowed them to come into contact with any males who would placethem in jeopardy. Similarly, there is nothing in the record to suggest that respondent's use ofalcohol was related to the event that resulted in the children's placement or that she has aproblem with alcohol abuse. In fact, the results of a drug and alcohol assessment conducted onrespondent indicated that she was not in need of any drug or alcohol treatment. Indeed, bothpetitioner and the assigned Law Guardian concur with respondent's contention that theimposition of these conditions was not reasonable. Thus, we find that Family Court's ordersshould be modified accordingly.
Cardona, P.J., Rose, Kane and Kavanagh, JJ., concur. Ordered that the orders are modified,on the law, without costs, by deleting those portions thereof as restricted respondent's purchaseand consumption of alcoholic beverages and required petitioner's oversight of all unrelated malesin respondent's home, and, as so modified, affirmed.