To the extent that [prior precedent] decisions implicitly hold that Family Court may order a child protective agency to commence a proceeding under Family Ct Act article 10, they should no longer be followed for such proposition. Accordingly, in the absence of any express grant of authority by statute, Family Court erred in sua sponte directing DSS to commence a neglect proceeding against the father and the mother.
Donald QQ. v. Stephanie RR., – NYS3d – , 2021 WL 4897212 (3rd Dep’t. 2021)
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