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IT WAS ERROR FOR THE JUDGE TO DELEGATE TO THE ADMINISTRATION FOR CHILDREN’S SERVICES (ASC) THE AUTHORITY TO DETERMINE MOTHER’S THERAPEUTIC SUPERVISED PARENTAL ACCESS; ELEVEN-YEAR-OLD AUTHORITY TO THE CONTRARY SHOULD NOT BE FOLLOWED (SECOND DEPT).

The Second Department, reversing (modifying) Family Court, determined it was error for the judge to delegate to the Administration for Children’s Services (ACS) the authority to determine mother’s therapeutic supervised parental access. The Second Department made it clear that its decision to the contrary in Matter of Victoria P. (Victor P.), 121 AD 2d 1006, should no longer be followed:

Eleven years ago, in a proceeding pursuant to Family Court Act article 10, this Court, in Matter of Victoria P. (Victor P.) (121 AD3d 1006, 1007), held that a determination of the Family Court to limit the father to supervised parental access with the subject children at the discretion of the petitioning agency had a sound and substantial basis in the record. This holding seemingly indicated that a court may delegate its authority to set parental access to an agency in a proceeding pursuant to Family Court Act article 10. However, since that appeal was decided, this Court has made clear, in numerous other appeals, that a court may not delegate its authority in such a way as to permit a determination of parental access to be made by either a therapist, a parent, or by the subject children … . Considering the foregoing, and that “[t]he determination of visitation is entrusted to the court based upon the best interests of the children” … , to the extent that Matter of Victoria P. (Victor P.), stands for the proposition that a court in a proceeding pursuant to Family Court Act article 10 may delegate its authority to determine issues of parental access to an agency, that case should no longer be followed. Thus, here, the Family Court erred by delegating to ACS the authority to determine the mother’s therapeutic supervised parental access with the child … . Matter of Jayceon H. (Aniya M.), 2026 NY Slip Op 02405, Second Dept 4-22-26

Practice Point: A court cannot delegate its authority to determine issues of parental access to an agency.

 

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Comments Made by Dean and Assistant Dean in Their Professional Capacities Protected by a Qualified Privilege

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