In re Alan B.
Opinion of the Court
—In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Kings County (Hepner, J.), dated May 19, 1998, which, upon a fact-finding order of the same court, dated April 8, 1998, made after a hearing, finding that the subject child was neglected, placed him in the custody of the Administration for Children’s Services of the City of New York for 12 months. The appeal brings up for review the fact-finding order dated April 8, 1998.
Ordered that the appeal from so much of the order of disposition as placed the child in the custody of the Commissioner of the Administration for Children’s Services of the City of New York for 12 months is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The order of disposition which is the subject of this appeal has expired by its own terms. Therefore, the appeal from so much of the order of disposition as placed the subject child with the petitioner is dismissed as academic (see, e.g., Matter of Barbara S., 261 AD2d 408; Matter of Monique W. v Kim G., 240 AD2d 664). The appellant contends that the enactment by New York State of legislation in February 1999 implementing the Federal Adoption and Safe Families Act (L 1999, ch 7, § 12) creates an issue of such novelty as to qualify for an exception to the “mootness” doctrine (see, e.g., Matter of Hearst Corp. v Clyne, 50 NY2d 707). We disagree. Under the prior legislation (Social Services Law § 384-b [7] [a]), the agency had the right to petition for the termination of parental rights where a child had been in the care of the agency for 12 months and the parent had not maintained adequate contact and/or planned for the child’s return. Accordingly, even before implementation of the Federal Act, a 12-month placement order had potentially serious consequences for the parent.
Review of the finding of neglect, however, is not academic since a finding of neglect constitutes a “permanent and significant stigma”, and potential future consequences may flow from it (see, e.g., Matter of Monique W. v Kim G., supra; Matter of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.