IN RE: D.M. and Another (2025)

Order, Family Court, Bronx County (Ronna H. Gordon–Galchus, J.), entered on or about December 6, 2023, which, to the extent appealed from as limited by the briefs, after a permanency hearing, provided for unsupervised two-hour “sandwich visits” between respondent-mother and the subject children, unanimously affirmed, without costs.

Family Court providently exercised its discretion in finding that the children's best interests were served by granting unsupervised visitation only on the condition that the visits with the mother were “sandwiched” in between visits supervised by petitioner Administration for Children's Services (ACS) (see Melissa G. v. John W., 143 A.D.3d 406, 407, 38 N.Y.S.3d 176 [1st Dept. 2016];  see Matter of Christopher M.S. [Christine F.S.], 174 A.D.3d 535, 536, 107 N.Y.S.3d 298 [2d Dept 2019]).  Family Court properly balanced the competing considerations presented here, appropriately considering the mother's growth and resilience as a victim of sexual abuse while also protecting the children from any potential exposure to the mother's abuser (see Matter of Christopher M.S., 174 A.D.3d at 536, 107 N.Y.S.3d 298).  Although the court's written order did not explicitly direct ACS to accommodate the mother's work schedule, it did direct ACS to hold virtual visits if the mother was unable to attend her in-person visits, and it gave ACS the discretion to expand visitation on notice to counsel.

The mother failed to preserve her claim that ACS failed to make reasonable efforts toward reunification because it did not refer her for a type of therapy known as “trauma bonding.”  She never asked for this relief below, and we decline to review the matter in the interest of justice (see Matter of C.F. [Carlos F.], 220 A.D.3d 506, 507, 197 N.Y.S.3d 508 [1st Dept. 2023]).