MATTER OF PASCALL v. POOLE

102227/15, 5389.

157 A.D.3d 463 (2018)

66 N.Y.S.3d 444

2018 NY Slip Op 00099

In the Matter of BERNADETTE PASCALL, Appellant, v. SHEILA J. POOLE et al., Respondents.

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

Decided January 9, 2018.


The OCFS's determination that the child did not meet the relevant criteria to qualify for "exceptional" rate foster care payments during the first 22 months she was in the foster mother's care is supported by substantial evidence, and is not arbitrary and capricious. It is undisputed that during this time no qualified psychiatrist or psychologist certified that the child had severe behavioral problems that required high levels of individualized supervision in the home (18...

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