IN RE: ROSIE C. D. (Anonymous). (2025)

DECISION & ORDER

In a proceeding pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Kings County (Erik S. Pitchal, J.), dated May 3, 2023.  The order granted the petitioner's motion to modify a permanency order of the same court (Frank M. Hoelldobler, Ct. Atty. Ref.) dated November 18, 2022, and an order of the same court (Erik S. Pitchal, J.) dated February 17, 2023, so as to, inter alia, vacate the provisions therein providing for certain unsupervised overnight parental access with the subject child, and denied the mother's cross-motion, in effect, to enforce the overnight parental access provisions of the permanency order dated November 18, 2022, and the order dated February 17, 2023.

ORDERED that the order dated May 3, 2023, is affirmed, without costs or disbursements.

In a child protective proceeding pursuant to Family Court Act article 10, “[t]he best interests of the children determine whether [parental access] should be permitted to a parent who has committed abuse or neglect” (Matter of Amparo B.T. [Carlos B.E.], 118 A.D.3d 809, 811, 987 N.Y.S.2d 199;  see Family Court Act § 1030[c];  Matter of Tito T. [Carlos T.], 144 A.D.3d 813, 814, 40 N.Y.S.3d 547).  Moreover, “pursuant to Family Court Act § 1061, the Family Court may, for good cause shown, set aside, modify, or vacate any order issued in the course of a child protective proceeding” (Matter of Jahred S. [Wilbert S.], 149 A.D.3d 963, 965, 52 N.Y.S.3d 402;  see Family Court Act § 1061).  “As with an initial order, the modified order must reflect a resolution consistent with the best interests of the children after consideration of all relevant circumstances, and must be supported by a sound and substantial basis in the record” (Matter of Jahred S. [Wilbert S.], 149 A.D.3d at 965, 52 N.Y.S.3d 402;  see Matter of Kevin M.H. [Kevin H.], 102 A.D.3d 690, 692, 958 N.Y.S.2d 175).

Here, the Family Court providently exercised its discretion in granting the petitioner's motion to modify a permanency order dated November 18, 2022, and an order dated February 17, 2023, so as to, inter alia, vacate the provisions therein providing for certain unsupervised overnight parental access with the subject child, and in denying the mother's cross-motion, in effect, to enforce the overnight parental access provisions of those orders (see Family Court Act §§ 1030[c];  1061).  Contrary to the mother's contention, under the circumstances of this case, the court was not required to hold a hearing on the petitioner's motion and the mother's cross-motion (see Matter of Jenna C. [Omisa C.], 81 A.D.3d 941, 943, 917 N.Y.S.2d 650;  Matter of Attallah N., 65 A.D.3d 1047, 1048, 884 N.Y.S.2d 870;  Matter of Amir J.-L., 57 A.D.3d 669, 669–670, 871 N.Y.S.2d 182).

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.