Matter of W. Children

In Matter of W. Children (167 AD2d 478 [2nd Dept 1990]), the Second Department held that the Family Court had the power to direct the Commissioner of the Department of Social Services to place a child in foster care with a relative even if a previously neglectful parent lived at the same residence. The Court found, "Other than the child's best interests, the statute does not place any restrictions on a court when determining whether a child is to be placed with a relative. Thus, when it is appropriate for a child to reside with a parent, even after a finding of neglect, whether or not that parent resides in the same residence as the potential custodial relative is irrelevant to the issue of whether or not the court has the authority to order the Commissioner to place the child in the relatives' home." (Id. at 478-479.)