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IN THE MATTER OF KMEA SCO FAMILY OF SERVICES v. CHARLENE

54 A.D.3d 376 (2008)

861 N.Y.S.2d 948

In the Matter of KMEA J. SCO FAMILY OF SERVICES, Appellant; v. CHARLENE B. et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

August 12, 2008.

The Family Court properly held that the proceeding must be dismissed on the ground of lack of subject matter jurisdiction. The Family Court can involuntarily commit only children within its jurisdiction, who are defined under the Family Court Act as "person[s] who [have] not attained the age of eighteen years" (Family Ct Act § 119 [c]; § 231). As the subject child had reached the age of 18, the Family Court no longer had jurisdiction over her (see Matter of Daniel...

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