Matter of Jamie J.

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Family Court does not retain subject matter jurisdiction to conduct a permanency hearing pursuant to Family Court Act (FCA) article 10-A once the underlying neglect petition brought under article 10 of the FCA has been dismissed for failure to prove neglect.Family Court directed Daughter’s temporary removal from Mother’s custody. The Department of Social Services subsequently filed a FCA article 10 neglect petition. Family Court eventually ruled that the Department failed to prove neglect and dismissed the petition. Family Court, however, did not release Daughter into Mother’s custody and instead held a second permanency hearing. Mother argued that the dismissal of the neglect proceeding against her ended Family Court’s subject matter jurisdiction and should have necessitated her daughter’s immediate return. The Appellate Division affirmed the second permanency hearing order. The Court of Appeals reversed, holding that the dismissal of a neglect petition operates to discharge a child from placement, terminate all orders regarding supervision, protection or services docketed thereunder, and extinguish Family Court’s jurisdiction over the matter. View "Matter of Jamie J." on Justia Law