The Fourth Department, in a full-fledged opinion by Justice Scudder, over a two-justice dissent, determined Family Court had jurisdiction to conduct a permanency hearing (re: placement in foster care) even though the underlying neglect petition which led to temporary placement of the child was dismissed:
We … conclude, based upon the plain language of the provisions of Family Court Act article 10-A, that the court obtains jurisdiction as a result of a placement with petitioner pursuant to section 1022 (see § 1088), and that the court is required to make a determination whether to return the child to the parent based upon the best interests and safety of the child, including whether the child would be at risk of abuse or neglect if the child were to return to the parent (see § 1089 [d] [1], [2] [i]). Thus, we conclude that the court retained jurisdiction to conduct the permanency hearing despite the dismissal of the neglect petition. Moreover, our interpretation of the statutory provisions of article 10-A comports with the longstanding principle that “an overarching consideration always obtains for children to be returned to biological parents, if at all possible and responsible . . . When that cannot be done, the emphasis shifts to securing permanent, stable solutions and settings”… . Matter of Jamie J. (Michelle E.C.), 2016 NY Slip Op 07424, 4th Dept 11-10-16
FAMILY LAW (FAMILY COURT RETAINS JURISDICTION TO CONDUCT A PERMANeNCY HEARING (RE: PLACEMENT IN FOSTER CARE) AFTER THE UNDERLYING NEGLECT PETITION (WHICH LED TO TEMPORARY PLACEMENT) HAS BEEN DISMISSED)/NEGLECT (FAMILY COURT RETAINS JURISDICTION TO CONDUCT A PERMANENCY HEARING (RE: PLACEMENT IN FOSTER CARE) AFTER THE UNDERLYING NEGLECT PETITION (WHICH LED TO TEMPORARY PLACEMENT) HAS BEEN DISMISSED)/PERMANENCY HEARING (FAMILY COURT RETAINS JURISDICTION TO CONDUCT A PERMANENCY HEARING (RE: PLACEMENT IN FOSTER CARE) AFTER THE UNDERLYING NEGLECT PETITION (WHICH LED TO TEMPORARY PLACEMENT) HAS BEEN DISMISSED)/SUBJECT MATTER JURISDICTION (FAMILY COURT RETAINS JURISDICTION TO CONDUCT A PERMANENCY HEARING (RE: PLACEMENT IN FOSTER CARE) AFTER THE UNDERLYING NEGLECT PETITION (WHICH LED TO TEMPORARY PLACEMENT) HAS BEEN DISMISSED)