Legal Opinion

In re Michael JJ.

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2012Published

1Opinion of the CourtGarry, J.

*1289First considering the father’s claims, he contends that Family Court improperly limited inquiry at the fact-finding hearing into petitioner’s alleged failure to provide the children with appropriate services and foster care. We find upon review that the court did permit extensive testimony regarding the children’s health, special needs, education and counseling, including testimony about problems in the foster home. To the extent that the court limited this testimony, these issues were not pertinent to the determination required at fact-finding (see Family Ct Act § 622) — although, as further…

2Cases cited16 opinions

  1. In Re the Guardianship of Star Leslie W.New York Court of Appeals · 1984
  2. In re Sheila G.New York Court of Appeals · 1984
  3. In re Leon RRNew York Court of Appeals · 1979
  4. Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.New York Court of Appeals · 1995
  5. Matter of Marino S.New York Court of Appeals · 2003

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