Legal Opinion
In re Jamie J.
Court for the Trial of Impeachments and Correction of Errors
Decided November 20, 2017PublishedCited by 24 opinions
1Opinion of the CourtWilson, J.
*469***279This case presents the novel question of whether Family Court retains subject matter jurisdiction to conduct a permanency hearing pursuant to Family Court Act article 10-A once the underlying neglect petition brought under article 10 of that statute has been dismissed for failure to prove neglect. We hold that it does not. Instead, the dismissal of a neglect petition terminates Family Court's jurisdiction.
As then-Judge Kaye explained,
"New York's foster care scheme is built around several fundamental social policy choices that have been explicitly declared by the Legislature and are…
2Cases cited23 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Quilloin v. WalcottSupreme Court of the United States · 1978
- Bennett v. JeffreysNew York Court of Appeals · 1976
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Matter of Natasha W. v. New York State Off. of Children & Family Servs.New York Court of Appeals · 2018
- Matter of Lacee L. (Dekodia L.)New York Court of Appeals · 2018
- Matter of Tyler I. (Shawn I.)Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of Joshua J. (Tameka J.)New York Court of Appeals · 2025
- Matter of Abel J.R. (Estilia R.)Appellate Division of the Supreme Court of the State of New York · 2023
19 more not listed; retrieve them via the Exa API.