Matter of Nicole JJ

In Matter of Nicole JJ., 265 AD2d 29, 706 N.Y.S.2d 202 [3d Dept 2000], the Appellate Division, Third Department affirmed a Family Court order which directed the Commissioner of Social Services to reimburse the foster parent for day-care expenses they had previously incurred for a foster child and to provide funds for future day-care expenses. The Court concluded that the order was "compatible with Family Court Act 255, which endows Family Court with sweeping powers." The Court noted that the statute provided authority to the Family Court to order any county officer or employee "to render such assistance and cooperation as shall be within his or her legal authority, as may be required, to further the objects of this act." The Court emphasized that the statute "was designed as a specific remedy to enable Family Court to cut through the bureaucracy, fragmentation and lack of coordination which so inhibits the provision of services for families and children before the court" (Id). The Court found that by ordering the Commissioner to cover day-care expenses, which, in turn, permitted the children to remain in their kinship foster home, the Family Court was facilitating the protection of the children as well as the overall rehabilitation of the family consistent with Social Services Law 410 and Family Court Act 1015-a (Matter of Nicole JJ., 265 AD2d at 32 33). The Court concluded that the frustration faced by a foster parent in gaining financial assistance to care for the children was "an appropriate invocation of the statute" (Id.).