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In the Matter of Athena Y and Others (Alleged to be Neglected Children)

201 A.D. 3d 113 (2021)

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In the Matter of Athena Y and Others (Alleged to be Neglected Children)

New York Supreme Court, Appellate Division
201 A.D. 3d 113 (2021)

Facts

Ashleigh Z. (defendant) had four children. In February 2021, the Rensselaer County Department of Social Services (department) (plaintiff) removed the children from the home on an emergency basis due to neglect. While the children were in foster care, the two oldest children, aged 13 and 15, wanted to receive the COVID-19 vaccine, but Ashleigh refused to consent. The attorney for the children (plaintiff), working with the department, petitioned the family court for an order allowing the children to receive the vaccine. The court informed Ashleigh and the children’s father of the petition and invited all parties to submit writings stating their positions. The attorney for the children, the department, and the children’s father all submitted letters supporting the children’s choice to be vaccinated. However, Ashleigh submitted a letter opposing vaccination. After reviewing the letters, the court concluded, without a hearing, that the children had been fully informed about the COVID-19 vaccine and had capacity to consent. The court therefore ordered that the children be given the vaccine if they still consented. Ashleigh appealed.

Rule of Law

Issue

Holding and Reasoning (Garry, J.)

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