| Matter of Kasja YY. |
| 2009 NY Slip Op 05702 [64 AD3d 907] |
| July 9, 2009 |
| Appellate Division, Third Department |
| In the Matter of Kasja YY., a Child Alleged to be Neglected.Schuyler County Department of Social Services, Respondent; Karin B., Appellant. Daniel J.Fitzsimmons, as Law Guardian, Appellant. |
—[*1] Daniel J. Fitzsimmons, Law Guardian, Watkins Glen, appellant pro se. Kristin E. Hazlitt, Schuyler County Department of Social Services, Watkins Glen, forrespondent.
Rose, J. Appeals (1) from an order of the Family Court of Schuyler County (Argetsinger, J.),entered March 10, 2008, which, among other things, granted petitioner's application, in aproceeding pursuant to Family Ct Act article 10, to adjudicate Kasja YY. a neglected child, and(2) from an order of the said court, entered March 28, 2008, which, among other things, removedKasja YY. from respondent's care.
Immediately after respondent gave birth to Kasja YY. in 2007, petitioner commenced aneglect proceeding alleging that respondent's mental illness endangered the child. After FamilyCourt conducted two emergency removal hearings and made temporary provision for the child tocontinue in respondent's custody subject to supervision, respondent consented to a finding of[*2]neglect based upon the risk posed by her mental healthdiagnosis. Pursuant to the terms of an order of fact-finding and disposition entered March 10,2008, and stipulated to by the parties and the Law Guardian, the child was allowed to continue toreside with respondent in the home of a family friend who was supervising respondent's care ofthe child pending placement with a maternal aunt in Tennessee pursuant to the InterstateCompact on the Placement of Children (hereinafter ICPC) (see Social Services Law§ 374-a). The Law Guardian appeals, arguing that the ICPC is unconstitutional insofar asit requires approval of the placement by Tennessee authorities.
Soon thereafter, due to allegations of respondent's deteriorating condition and her failure toobtain needed psychological services, Family Court conducted a third emergency removalhearing and, by order entered March 28, 2008, removed the child from respondent's care pendingthe outcome of the ICPC review of the aunt's suitability to assume custody. Respondent appealsfrom that order.
During the pendency of these appeals, we have been advised that Tennessee approved theplacement, Family Court ordered it and the child is now in the temporary custody of the aunt. Inlight of this latest order, respondent's appeal is moot (see Matter of Chelsea M., 61 AD3d 1030, 1032 [2009]; Matter of Cheyenne A., 56 AD3d1008, 1009 [2008]; Matter of Senator NN., 305 AD2d 819, 820 [2003]). Further, wenote that petitioner, respondent and the Law Guardian all agreed that placement with thematernal aunt in Tennessee was in the child's best interests. Finally, the Law Guardian's presentconstitutional arguments that the ICPC deprived the child of equal protection or infringed herright to travel are unpreserved for our review (see Matter of Michael Anthony F., 177AD2d 1031, 1031 [1991]).
Cardona, P.J., Kane, McCarthy and Garry, JJ., concur. Ordered that the order entered March10, 2008 is affirmed, without costs. Ordered that the appeal from the order entered March 28,2008 is dismissed, as moot, without costs.