Matter of Bonnie H

In Matter of Bonnie H. (145 AD2d 830 [3rd Dept 1988]) the Third Department held that the respondent (Commissioner of Social Services) was properly found in contempt for terminating support services and denying visitation to a mother whose children had been found to be neglected. In Bonnie H., the mother signed surrender instruments which were not filed with the court, because the father refused to execute the agreements. The Commissioner denied the mother visitation with the children and the Family Court held the Commissioner in civil contempt, finding that his argument that he acted in good faith and in the best interests of the child was not a defense. "It is Family Court which makes the order of disposition of children found to be neglected and once the order is made, respondent has no discretion but to comply with that order." (Id. at 831 .)