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IN THE MATTER OF SERENITY H.

60 A.D.3d 469 (2009)

874 N.Y.S.2d 113

In the Matter of JADA SERENITY H., a Child Alleged to be Permanently Neglected. CLIFTON H., Appellant; McMAHON SERVICES FOR CHILDREN/GOOD SHEPHERD SERVICES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 10, 2009.

Unlike a fact-finding hearing, where the issue of permanent neglect is resolved, a dispositional hearing is concerned only with the best interests of the child (Family Ct Act § 631). There is no presumption that those interests will best be served by return of the child to her parent (see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148 [1984]).

Respondent, who did not challenge the court's finding of permanent neglect...

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