Opinion
2017–13241 Docket No. B–7578–14
11-28-2018
In the MATTER OF "BABY BOY" I. (Anonymous), Also Known as Ethan I. (Anonymous). Edwin Gould Services for Children and Families, Respondent; v. Edna I. (Anonymous), Appellant.
Kenneth M. Tuccillo, Hastings–on–Hudson, NY, for appellant. John R. Eyerman, New York, NY, for respondent. Robert Marinelli, New York, NY, attorney for the child.
Kenneth M. Tuccillo, Hastings–on–Hudson, NY, for appellant.
John R. Eyerman, New York, NY, for respondent.
Robert Marinelli, New York, NY, attorney for the child.
MARK C. DILLON, J.P., BETSY BARROS, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
Edwin Gould Services for Children and Families (hereinafter EGS) filed a petition pursuant to Social Services Law § 384–b to terminate the mother's parental rights with regard to the subject child. After a fact-finding hearing, the Family Court determined, inter alia, that the mother is mentally ill within the meaning of Social Services Law § 384–b(6)(a), terminated the mother's parental rights, and transferred guardianship and custody of the subject child to the Commissioner of the Administration for Children's Services of the City of New York and EGS for the purpose of adoption. The court, in effect, denied the mother's application for post-termination parental access with the subject child. The mother appeals.
We agree with the Family Court's determination to, in effect, deny the mother's application for post-termination parental access. The Family Court lacks the authority to direct post-termination parental access where, as here, parental rights have been terminated after a contested proceeding pursuant to Social Services Law § 384–b (see Matter of Hailey ZZ. [Rickey ZZ.], 19 N.Y.3d 422, 438, 948 N.Y.S.2d 846, 972 N.E.2d 87 ; Matter of Candelaria v. Nardil, 154 A.D.3d 748, 748–749, 61 N.Y.S.3d 513 ; Matter of Joshua J.C. [Jose C.], 145 A.D.3d 883, 884–885, 45 N.Y.S.3d 111 ; Matter of Jamel D.G. [Monique G.], 108 A.D.3d 766, 767, 971 N.Y.S.2d 303 ).
DILLON, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.