Matter of Jayceon H. (Aniya M.)

Summary

The Appellate Division, Second Department, upheld summary judgment finding that the mother abused and neglected the child based on the collateral estoppel effect of her criminal convictions arising from the same conduct. The court modified the disposition by holding that the Family Court improperly delegated to ACS the authority to determine therapeutic supervised parental access, and remitted the matter for the Family Court to decide whether such access should be allowed and to set any schedule.

Holdings

1. The Family Court properly granted ACS summary judgment because the mother's criminal convictions resolved identical issues arising from the same acts, and she failed to raise a triable issue concerning either identity of issues or a full and fair opportunity to litigate.
2. A Family Court may not delegate to an agency its authority to determine whether and on what schedule a parent shall have therapeutic supervised parental access in an article 10 proceeding.
3. The appeal from the fact-finding order was dismissed because that order was superseded by the dispositional order and was reviewable on the appeal from the dispositional order.

Questions Presented

1. Whether the Family Court properly granted ACS summary judgment on the abuse and neglect allegations based on the mother's criminal convictions under the doctrine of collateral estoppel.
2. Whether a Family Court may delegate to a child-protective agency its authority to determine a parent's therapeutic supervised parental access.
3. Whether the appeal from the fact-finding order was properly before the Appellate Division after entry of the dispositional order.

Disposition

other