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[*1]


Decided on June 28, 2005
Family Court, Suffolk County

NN-00000-02/04H
Suffolk County Attorney Attorney for Petitioner 400 Carleton Avenue Central Islip, NY 11722 By: Frank Krotschinsky, Esq. Walter D. Long, Jr., Esq Attorney for Respondent
490 Wheeler Road
Hauppauge, NY 11788
Kathy B. Small, Esq. Law Guardian
800 Veterans Memorial Highway
Hauppauge, NY 11788
Jeffrey Arlen Spinner, J.
On April 9, 2002, the Suffolk County Department of Social Services (DSS) filed Neglect Petitions against Respondent DANETTE T (DOB: 00/00/1966), on behalf of her children JEFFREY T (DOB: 00/00/1991), JOSEPH P JR. (DOB: 00/00/1997) and JARIUS P (DOB: 00/00/1998), alleging that said children had been neglected by Respondent on various grounds and based upon various facts.
On April 23, 2002, a Determination Upon Fact-Finding Hearing (Neglect) was entered, upon Respondent voluntary, intelligent and knowing admission that she abused both drugs and alcohol, impairing her ability to provide appropriate care for said children.
On May 2, 2002, Modifications of Determination Upon Fact-Finding Hearing (Neglect) were entered, after Respondent voluntarily, intelligently and knowingly admitted abuse of drugs and alcohol, impairing her ability to provide appropriate care for said children, and placing the children in the custody and care of DSS, pending disposition.
On July 18, 2002, a new Fact-Finding Hearing was held upon the prior Determination, after Respondent tested positive for illicit drugs, where it was determined that Respondent had not regularly participated in court ordered programs and had not visited with her children regularly, after which Orders-Modification of Prior Orders were entered on September 30, 2002, suspending any visitation with Respondent's two younger children, and allowing supervised visitation with her older child so long as her drug tests were clean.
On October 21, 2002, the DSS filed Petitions-Violation and Modification of Orders of Disposition, alleging that Respondent willfully, and without just cause, violated the terms and provisions of the prior orders, in that she was administratively discharged from the Family Service League on September 25, 2002, due to her non-compliance; that on September 27, 2002 she was given an opportunity to return to the Family Service League, but that she again failed to maintain an appointment; that she had tested positive for illicit drugs on several occasions, most recently on October 1, 2002 at the Family Treatment Court; that good cause having existed to modify the terms and provisions of the order due to Respondent's failure to comply therewith and her continued use of drugs, DSS requested that Respondent be required to enter into a long-term inpatient drug rehabilitation program or be incarcerated for willful violation of the court order, and DSS further requested that the visitation in effect be modified to prohibit any visitation between Respondent and her children until such time as Respondent has demonstrated sufficient compliance with court mandates.
On December 17, 2002, a Warrant of Arrest was issued for Respondent, due to her failure to appear in court. Respondent was then taken into custody on January 6, 2003, and released on January 9, 2003, after which she was an inpatient at South Oaks Rehabilitation.
[*2]On February 21, 2003, DSS filed Petitions (Extension of Placement and Permanency Hearing) against Respondent, and on February 25, 2003, Respondent was presented with Violation Orders and Orders-Modification of Prior Orders, which she rejected, and the matters were then set down for a fact-finding hearing to be held on April 11, 2003.
On April 11, 2003, Orders-Extension of Placement and Permanency Hearing were entered extending placement until October 11, 2003, and setting forth Conditions of Supervision required before Respondent could resume visitation with her children; Permanent Orders of Protection was also entered. Thereafter, on July 22, 2003, Modification Orders were entered, allowing Respondent weekly unsupervised visitation with her children.
On August 26, 2003, Petitions (Extension of Placement and Permanency Hearing) were filed with the Court, some 15 days beyond the statutory deadline for filing. Thereafter, on October 2, 2003, Orders-Extension of Placement and Permanency Hearing were entered, as well as Orders of Protection for one year, with stay away provisions.
On October 15, 2003, DSS filed Petitions (Violation of Orders of Protection) and Petitions (Violation of Orders of Disposition), claiming various facts, including serious allegations that were stated to have occurred prior to the issuance of the October 2, 2003 Orders-Extension of Placement and Permanency Hearing, to wit: Respondent's admission that she relapsed into substance abuse the week of September 8, 2003; that she tested positive for cocaine on or about September 23, 2003; that she failed to appear at several Drug Treatment Court dates; that she was discharged for non

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