Extraordinary Circumstances, Nonparent Custody, and the Irrelevance of a Child’s “Self‑Protection” in Abuse Cases: Commentary on Matter of Josiah Y. (Shanna V.), 2025 NY Slip Op 06571 (3d Dept)

I. Introduction

This Third Department decision sits at the intersection of abuse/neglect proceedings under Family Court Act article 10 and private custody disputes under article 6. It revisits, and sharpens, the doctrine governing when a nonparent relative may obtain custody over the superior claim of a biological parent, and it provides an important clarification about the limits of relying on an older child’s purported ability to “protect herself” as a basis for loosening safeguards against an abusive parent.

The case involves respondent mother, Shanna V. (“the mother”), her three children (born in 2003, 2007, and 2010), and the children’s maternal aunt, Cheryl U. (“the aunt”). Following serious physical abuse of the eldest child and years of the mother’s noncompliance with mandated services, the youngest child had been living with the aunt since 2017, first under Family Court supervision and ultimately under a direct placement order. The aunt then sought permanent legal custody under article 6, while the mother sought to terminate the placement under Family Ct Act § 1062 and regain custody.

The core legal questions were:

Whether the aunt, a nonparent, established “extraordinary circumstances” sufficient to overcome the mother’s superior right to custody.
If so, whether an award of sole legal and primary physical custody to the aunt was in the best interests of the youngest child.
Whether Family Court erred in limiting the mother to supervised visitation, including in light of the child’s age and the attorney for the child’s advocacy for unsupervised contact.

The Appellate Division (Lynch, J., writing for a unanimous panel) affirmed Family Court’s orders: it upheld the award of sole legal and primary physical custody to the aunt, confirmed the limitation of the mother’s parenting time to supervised visitation, and held that the remaining challenge to the denial of the mother’s § 1062 motion was academic.

This commentary analyzes the decision’s reasoning, situates it within the “extraordinary circumstances” jurisprudence, and highlights its significant clarification that a child’s perceived ability to protect herself from a parent’s abuse is not an appropriate consideration in the best interests analysis.

II. Summary of the Opinion

A. Factual and Procedural Background (Condensed)

Key points in the factual timeline:

2017 removal and abuse: DSS removed all three children from the mother’s care in February 2017, after allegations that she beat the eldest child with an extension cord, causing “severe welts and lacerations.” DSS filed an article 10 petition alleging abuse and neglect as to the eldest and derivative abuse/neglect as to the younger two children. Criminal charges were also filed.
Return with conditions and first violation: April 2017: after a hearing, Family Court returned the children to the mother with a temporary order of protection barring excessive corporal punishment and conditions that she engage in psychological evaluation, foster-care prevention, anger management, and parenting classes, and cooperate with DSS home visits. In May 2017, DSS filed a first violation petition when she refused to comply with these directives.
Criminal convictions and placement with aunt: In December 2017, the mother was convicted of assault in the third degree and endangering the welfare of a child, and incarcerated. The children were then placed with the maternal aunt, initially informally, later formalized by a temporary article 6 custody order granting the aunt sole legal and primary physical custody.
Summary judgment on abuse/neglect: In light of the criminal convictions, DSS obtained summary judgment on its abuse/neglect petitions, establishing, as a matter of law, abuse and neglect of the eldest and derivative abuse/neglect of the younger children.
Direct placement under § 1055 and further violations: After the mother’s release from jail (July 2018), a September 2018 dispositional order under Family Ct Act § 1055 converted the legal structure: the children were in a direct placement with the aunt under article 10, with the mother afforded supervised contact conditioned on her compliance with DSS services. DSS filed a second violation petition in March 2019, which the mother resolved by admitting she refused access to her home.
Suspended judgment, continued noncompliance, and extensions: In September 2020, the mother consented to a one-year suspended judgment, with the children remaining with the aunt and the mother obligated to complete DSS directives, including anger management. In September 2021, a third violation petition was filed because she still had not completed anger management; the matter was resolved by extending placement with the aunt until September 2022.
Competing 2022 filings: In September 2022, the aunt again filed article 6 custody petitions for the middle and youngest children. The mother responded with a motion under Family Ct Act § 1062 to terminate the placement and restore custody to her.
Family Court’s 2024 decision: After a multi-day hearing and Lincoln hearings with the children, Family Court found that the aunt had established extraordinary circumstances and that the children’s best interests warranted awarding the aunt sole legal and primary physical custody, with the mother to have supervised visitation only. The mother’s motion to terminate placement was denied.

By the time of appeal, the oldest child had already turned 18 (and thus was no longer the subject of the proceedings); the middle child turned 18 while the appeal was pending, rendering the appeal moot as to that child. The appellate analysis therefore focused on the youngest child.

B. The Appellate Division’s Holdings

Extraordinary circumstances established: The aunt met the threshold burden of demonstrating “extraordinary circumstances” sufficient to overcome the mother’s superior right to custody. The court pointed to:
- The established abuse/neglect and derivative neglect findings.
- The mother’s persistent refusal to accept responsibility for the abuse.
- Long-standing noncompliance with DSS directives (anger management, mental health evaluation, home visits, parenting classes).
- Prolonged separation and the youngest child’s continuous residence with the aunt since 2017.
- Other conduct showing “utter indifference and irresponsibility” regarding parental duties.
Best interests support custody to the aunt: Having found extraordinary circumstances, the court conducted a best interests analysis and concluded there was a “sound and substantial basis” for awarding the aunt sole legal and primary physical custody of the youngest child.
Supervised visitation properly ordered: Supervised parenting time was upheld as necessary to protect the child’s safety in light of the mother’s history of abuse, untruthfulness, and noncompliance with services. Importantly, the court expressly rejected the notion that an older child’s ability to “protect herself if things go south” can justify unsupervised visitation or inform the best interests analysis.
§ 1062 claim academic: Given the affirmance of the custody award to the aunt, the mother’s remaining contention regarding denial of her motion to terminate placement under Family Ct Act § 1062 was deemed academic.

III. Detailed Analysis

A. The Legal Framework: Superior Right and Extraordinary Circumstances

New York’s baseline rule is the “superior right” doctrine: a parent has a prima facie superior claim to custody over nonparents. That presumption can be overcome only if the nonparent demonstrates “extraordinary circumstances,” as originally articulated by the Court of Appeals in Matter of Bennett v. Jeffreys, and repeatedly reaffirmed in later cases. Once such circumstances are established, the court then proceeds to a full best interests analysis between the parent and the nonparent.

Here, the Third Department quotes and applies this framework, relying on its own recent precedents:

“A parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other like extraordinary circumstances” (Matter of Tamara GG. v Danielle HH., 238 AD3d 1246, 1247 [3d Dept 2025] [internal quotation marks and citations omitted]).

The court emphasizes that the determination of extraordinary circumstances is not a mechanical check-list, but a holistic, cumulative assessment:

“Such inquiry necessitates consideration of the cumulative effect of all issues present in a given case, including the quality of the child’s relationship with the parent[] and the nonparent, whether the child has lived with the nonparent for any length of time and any neglect by the parent[]” (Matter of Candy II. v Kandice HH., 236 AD3d 1156, 1158 [3d Dept 2025] [internal quotation marks and citations omitted]).

Thus, this case is not merely about past abuse in 2017; rather, it is about how that abuse, the ensuing criminal conviction, the mother’s responses (or lack thereof), and the long-term placement with the aunt interact over nearly eight years to generate a set of circumstances that justify displacing the mother’s presumptive custodial right.

B. Extraordinary Circumstances in This Case

1. Abuse and Neglect: Not “Too Remote” in Time

The mother attempted to minimize the relevance of the 2017 abuse, describing it as too “remote in time” to sustain a current finding of extraordinary circumstances. The court directly rejects that argument.

Several features are important:

The abuse is undisputed as a matter of law: the neglect/abuse finding was entered on summary judgment, underpinned by her criminal convictions and “ample evidence” including photographs.
The court notes that the 2017 event was “not an isolated incident”; the youngest child also reported physical abuse by the mother.
Most significantly, the court views the mother’s ongoing refusal to acknowledge responsibility as a current, not merely past, problem.

The mother repeatedly asserted that the oldest child’s injuries were self-inflicted and sought to control the DSS investigation by refusing to allow interviews with the younger children unless she was present. Even as late as June 2022:

In counseling, she acknowledged incarceration in relation to the injuries but stopped short of admitting she caused them.
Her counselor characterized this limited acknowledgment as a “big step,” suggesting how entrenched the denial had been.
Yet at the fact-finding hearing, the mother categorically denied having inflicted the injuries.

The Third Department explicitly links such denial to continued risk:

“[T]he record reflects that the mother has failed to take responsibility for her actions or even acknowledge that she was the perpetrator of the abuse (see Phillip UU. v Amanda UU., 173 AD3d 1382, 1384 [3d Dept 2019]; Matter of Jackson v Euson, 153 AD3d 1655, 1656 [4th Dept 2017]).”

The cited precedents reflect a familiar principle: a parent’s refusal to acknowledge proven abuse or neglect can itself be viewed as an indicator that the conditions leading to the abuse have not been remedied, and therefore that the risk persists.

Thus, the court treats the 2017 abuse not as a stale, isolated event, but as an unresolved core problem extending into the present through denial, noncompliance, and lack of genuine insight. The passage of time does not cure abuse where the parent has done little to rehabilitate and continues to dispute responsibility.

2. Longstanding Noncompliance and Hostility to Services

The opinion details a pattern of defiance and noncooperation with DSS efforts at reunification:

Home visits: The mother refused DSS access, resulting in violation petitions. In one striking episode, a boyfriend answered the door and played a recording accusing caseworkers of “trespassing,” underscoring open hostility to oversight.
Anger management: She did not attend a DSS‑approved anger management course for over three years. When she finally enrolled, it was in a course not approved by DSS. Later, she participated in a DSS-approved “prevention program” that “addressed anger management, among other things,” but as of March 2023 she had “absolutely not” completed an adequate anger management course, according to a caseworker.
Mental health evaluation: She initially refused to use a DSS-approved provider, attempting to substitute her own evaluation. Only in March 2019 did she finally agree to an approved evaluation.
Parenting class: She technically attended, but “did not meaningfully participate” and repeatedly left sessions, at one point leaving to order takeout food.
Dishonesty: The mother “blatantly lied” to a caseworker about being pregnant with a fourth child—a fact the court labels “deeply troubling,” treating it as probative of trustworthiness and judgment.

The appellate court frames these behaviors as more than mere technical noncompliance; they reflect a broader pattern of unwillingness to engage sincerely with remedial services and oversight designed to protect the children. This pattern is treated as part of the “cumulative effect” that supports extraordinary circumstances.

3. Extended Disruption of Custody and the Child’s Bond with the Aunt

The youngest child had lived with the aunt since the mother’s incarceration in 2017— approximately eight years by the time of the 2025 appellate decision. The court underscores that:

The aunt provided continuity: enrolling the child in school, ensuring regular medical care, and maintaining a safe, stable home.
A strong emotional bond developed between the child and the aunt (see Matter of Robert XX. v Susan YY., 202 AD3d 1389, 1390 [3d Dept 2022]).
Despite having opportunities for supervised contact, the mother’s involvement did not evolve into unsupervised time, largely due to her ongoing noncompliance with DSS conditions.

Drawing on Matter of Donald EE. v Cheyanne EE., 177 AD3d 1112, 1115 (3d Dept 2019), and similar cases, the court links this extended disruption of custody, together with the mother’s conduct, to a finding of extraordinary circumstances:

“[T]he mother's history of abuse/neglect and failure to comply with DSS orders in relation thereto, combined with her prolonged separation from the child and ‘other behavior evincing an utter indifference and irresponsibility relative to [her] parental role’ constitutes extraordinary circumstances.”

This passage encapsulates the multi-factor nature of the extraordinary circumstances finding: past abuse, present denial, noncompliance with services, long-term placement with a relative, and behavior signaling disregard for parental obligations together justify overcoming the mother’s superior right.

C. Best Interests Analysis

1. Governing Factors and Standard of Review

Once extraordinary circumstances are found, the inquiry turns to the child’s best interests. The Third Department recites the standard list of factors:

“Factors to be considered in a best interests analysis include maintaining stability in the child's life, the quality of the respective home environments, the length of time the present custody arrangement has been in place and each party's past performance, relative fitness and ability to provide for and guide the child's intellectual and emotional development” (Matter of Nevaeh MM. [Sheri MM.-Charles MM.], 158 AD3d 1001, 1003–1004 [3d Dept 2018]).

The court also reiterates the deferential standard of review: Family Court’s determination “will not be disturbed so long as it is supported by a sound and substantial basis in the record” (Matter of Lisa F. v Thomas E., 211 AD3d 1367, 1369 [3d Dept 2022]).

2. Stability and Continuity

Stability heavily favored the aunt:

The youngest child had lived continuously with the aunt since 2017.
The aunt had assumed full responsibility for the child’s daily care, schooling, and health.
The current custodial arrangement had been in place for years, first under article 10 and then, through the aunt’s applications, transitioned into an article 6 custody framework.

The mother, in contrast, had not made “any significant decisions for the child since her removal,” and had not “taken proactive steps to become more involved in the child's life.” While her direct communication with the child was restricted by dispositional orders, nothing prevented her from maintaining cooperative communication with the aunt. Yet:

The mother refused to share her phone number with the aunt, insisting instead on sporadic email contact.
The aunt nonetheless continued to provide the mother with updates and facilitated the child’s attendance at all supervised visits.

The court reads this dynamic as reflecting the aunt’s commitment to the child’s relationship with the mother and the mother’s persistent distrust and hostility toward the aunt—factors that weigh in favor of granting the aunt both legal and physical custody.

3. Parental Judgment and Ability to Meet the Child’s Needs

Beyond abuse and noncompliance, the court notes instances that raise concerns about the mother’s judgment in major decisions. A notable example:

“[I]n fall 2017, upon being notified that the middle child had failed fourth grade, the mother enrolled him in fifth grade and ceased his Individualized Education Program.”

This illustrates a willingness to ignore or override professional and educational guidance in a way that potentially harms the child’s academic and developmental needs. Such evidence goes directly to “relative fitness” and the ability to “guide the child’s intellectual and emotional development.”

4. Result of the Best Interests Balancing

Considering these factors together, the Third Department finds a “sound and substantial basis” for Family Court’s conclusion that the best interests of the youngest child are served by granting the aunt:

Sole legal custody – decision-making authority about education, health care, and major life decisions; and
Primary physical custody – the child’s primary residence with the aunt.

The opinion notes that this outcome aligns with its own recent nonparent custody decisions, including:

Matter of Evelyn EE. v Jody CC., 222 AD3d 1294 (3d Dept 2023);
Matter of Autumn B. v Jasmine A., 220 AD3d 1073 (3d Dept 2023);
Matter of Sonya M. v Tabu N., 198 AD3d 1206 (3d Dept 2021).

In each of those cases, extended placement with a nonparent, strong bonding, and parental deficiencies supported placing long-term custody with the nonparent relative when extraordinary circumstances were demonstrated.

D. Supervised Visitation and the Child’s “Ability to Protect Herself”

1. Legal Standard for Supervised Visitation

New York law presumes some form of parental access is generally in a child’s interests, even where custody is placed with another, but visitation may be limited or supervised where necessary to protect the child. The Third Department restates the rule:

Supervised parenting time is appropriate when unsupervised parenting time “would be detrimental to the child's safety because the parent is either unable or unwilling to discharge his or her parental responsibility properly” (Matter of Christopher WW. v Avonna XX., 202 AD3d 1425, 1426 [3d Dept 2022]).

The court also cites Matter of Robert C. v Katlyn D., 230 AD3d 1392 (3d Dept 2024), and earlier cases, reflecting consistent application of this standard.

2. Application to the Mother

While acknowledging that supervised visits “have generally gone well,” the court emphasizes:

The mother’s undisputed history of serious physical abuse.
Her ongoing denial of responsibility for that abuse.
Her pattern of dishonesty (e.g., lying about pregnancy) and noncompliance with anger management and other services.

Taken together, these factors lead to the conclusion that unsupervised contact “could endanger the child’s safety,” warranting the continuation of supervision (see Matter of Jorge JJ. v Erica II., 191 AD3d 1188, 1191–1192 [3d Dept 2021]; Matter of Lynn X. v Donald X., 162 AD3d 1276, 1277 [3d Dept 2018]).

3. Critical Clarification: A Child’s Self‑Protection Is Not a Proper Factor

The most distinctive doctrinal statement in this opinion responds to the attorney for the child (AFC), who supported unsupervised visitation on the theory that, because the child was older, she was “at least to some degree able to protect herself if things go south.”

The Third Department sharply rejects that reasoning:

“To the extent the attorney for the child supports unsupervised visitation because the child is older and ‘at least [to] some degree able to protect herself if things go south,’ this statement acknowledges that the mother may still pose a risk if left unsupervised. Moreover, a child's ability to protect themself from further abuse is not a relevant or appropriate consideration in the best interests analysis.”

This passage does several important things:

It implicitly affirms that if there remains any credible risk of abuse, the solution is not to rely on the child’s ability to resist, flee, or report; instead, the legal framework must be designed to avoid placing the child in that risky situation.
It underscores that best interests analysis is protective, not comparative. The question is whether the proposed visitation arrangement itself is safe and beneficial, not whether the child is strong or savvy enough to manage potential dangers.
It signals to attorneys for children and courts alike that arguments grounded in a teenager’s supposed resilience or capacity for self-protection are doctrinally improper when used to justify reducing protection from an abusive parent.

This clarification has significant practical consequences. In contested visitation cases involving older children, there can be a temptation to reason that a child’s maturity diminishes the requirement for supervision or protective conditions. The court here decisively closes off that line of argument where abuse risk remains; the child’s maturity may influence preferences and weight given to the child’s views, but it does not shift the burden of ensuring safety from the court and caregivers to the child.

E. Mootness Regarding the Middle Child

The decision also applies settled mootness principles: since the middle child turned 18 during the pendency of the appeal, the mother’s challenge as to that child’s custody is moot (see Matter of Jared D. [Ginger E.-Richard D.], 195 AD3d 1078, 1079 [3d Dept 2021]).

This aspect is doctrinally straightforward but practically important: once a child reaches the age of majority, Family Court’s authority to make custody and visitation determinations ends, and appellate courts will not issue rulings on moot controversies absent an exception (e.g., issue likely to recur yet evading review). No such exception was invoked here.

F. Academic Status of the § 1062 Motion

The mother also appealed from the denial of her motion under Family Ct Act § 1062 to terminate the direct placement and return the child to her custody. The Appellate Division holds this contention “academic” in light of its affirmance of the custody award to the aunt.

In substance, once the court held that:

Extraordinary circumstances exist, and
The child’s best interests require that custody be placed with the aunt,

there was no longer a live controversy regarding terminating the now-superseded placement arrangement under article 10. The child’s status had effectively moved into an article 6 custody regime with the aunt as custodian, rendering a decision about restoring custody to the mother via § 1062 pointless.

IV. Precedents and Their Influence

A. Extraordinary Circumstances and Nonparent Custody Precedents

The decision builds on a well-developed line of Third Department cases refining what counts as “extraordinary circumstances” in nonparent custody cases:

Matter of Tamara GG. v Danielle HH., 238 AD3d 1246 (3d Dept 2025) – reaffirms that surrender, abandonment, persistent neglect, unfitness, or extended disruption of custody (and similar circumstances) can displace parental superiority.
Matter of Candy II. v Kandice HH., 236 AD3d 1156 (3d Dept 2025) – emphasizes that the extraordinary circumstances inquiry is cumulative and contextual, focusing on the totality of issues and relationships.
Matter of Tiffany W. v James X., 196 AD3d 787 (3d Dept 2021) – likewise instructs courts to examine the holistic picture, including time lived with a nonparent and the quality of the child’s relationships.
Matter of Robert XX. v Susan YY., 202 AD3d 1389 (3d Dept 2022) – highlights the importance of the strong bond formed when a child has lived for an extended period with a relative caregiver.
Matter of Donald EE. v Cheyanne EE., 177 AD3d 1112 (3d Dept 2019) – elaborates that “utter indifference and irresponsibility” about parental duties, along with prolonged separation, can constitute extraordinary circumstances.
Matter of Magana v Santos, 70 AD3d 1208 (3d Dept 2010) – an earlier articulation of the extraordinary circumstances doctrine in the nonparent custody context.

Matter of Josiah Y. squarely fits within, and reinforces, this line of authority. It is particularly important for:

Confirming that time alone does not render past abuse irrelevant; where a parent fails to acknowledge or meaningfully address abusive conduct, older acts retain weight.
Reaffirming that compliance with services is substantive, not formalistic: mere attendance at classes without engagement, and courses taken outside DSS approval, do not demonstrate rehabilitation.
Emphasizing the role of a relative caregiver’s long-term, stable provision of care as part of the extraordinary circumstances finding.

B. Accountability and Acceptance of Responsibility: Phillip UU. and Jackson

The court cites Phillip UU. v Amanda UU., 173 AD3d 1382 (3d Dept 2019), and Matter of Jackson v Euson, 153 AD3d 1655 (4th Dept 2017), to underline that continued denial of abuse is a serious barrier to reunification and a factor in assessing both extraordinary circumstances and best interests.

Those cases, like this one, treated a parent’s unwillingness to acknowledge past abuse as evidence that the underlying risks remain unaddressed, justifying cautious or restrictive custody and visitation arrangements.

C. Best Interests and Deference to Family Court: Nevaeh MM., Lisa F., and Evelyn EE.

The decision’s best interests framework and deference to trial-level judgment draw on:

Matter of Nevaeh MM. [Sheri MM.-Charles MM.], 158 AD3d 1001 (3d Dept 2018) – articulating core best interests factors, including stability, past performance, and relative fitness.
Matter of Lisa F. v Thomas E., 211 AD3d 1367 (3d Dept 2022) – reaffirming that appellate courts will not disturb custody determinations if supported by a sound and substantial basis in the record.
Matter of Evelyn EE. v Jody CC., 222 AD3d 1294 (3d Dept 2023) – illustrating the application of those best interests factors in a nonparent custody context.

By citing these cases, Matter of Josiah Y. anchors its analysis in the Third Department’s established approach: giving significant weight to long-standing stable arrangements and to Family Court’s credibility assessments (including those formed via Lincoln hearings).

D. Supervision and Limitation of Visitation: Christopher WW., Robert C., Jorge JJ., Lynn X.

The court’s supervision holding aligns with:

Matter of Christopher WW. v Avonna XX., 202 AD3d 1425 (3d Dept 2022), articulating when supervised visitation is warranted.
Matter of Robert C. v Katlyn D., 230 AD3d 1392 (3d Dept 2024), upholding supervised visitation under similar principles.
Matter of Jorge JJ. v Erica II., 191 AD3d 1188 (3d Dept 2021), and Matter of Lynn X. v Donald X., 162 AD3d 1276 (3d Dept 2018), in which a parent’s history of abuse or instability justified restrictions on access.

While consistent with these cases on the outcome (supervised visitation), the present opinion goes further by explicitly disavowing reliance on a child’s self‑protective capacity as a basis for loosening such supervision—an analytical clarification that may be cited in future visitation cases statewide.

V. Complex Concepts Simplified

A. “Extraordinary Circumstances”

In New York custody law, extraordinary circumstances means a situation so serious that it justifies overriding a parent’s normal superior right to custody. Common examples include:

Abandonment or surrender of the child.
Persistent neglect or abuse.
Parental unfitness (e.g., severe mental illness, chronic substance abuse, dangerous conduct).
Extended disruption of custody (child living long term with another caregiver).

The court looks at the overall picture, not just one factor in isolation. In this case, the “extraordinary circumstances” were established by:

Serious physical abuse proven via criminal convictions and article 10 findings.
Ongoing denial of responsibility and lack of genuine rehabilitation.
Repeated refusal to comply with court-ordered services and DSS oversight.
Years of stable placement and bonding with the maternal aunt.
Additional conduct showing indifference to parental obligations and poor judgment.

B. Derivative Abuse/Neglect

Derivative abuse/neglect is a concept where proof that a parent severely abused or neglected one child allows the court to infer that the parent poses a similar risk to that child’s siblings, even if the siblings have not yet been directly harmed. The idea is that the parent’s behavior and conditions affecting one child likely endanger all children in the home.

Here, the mother’s abuse of the oldest child led to findings that she derivatively abused/neglected the younger two children, including the youngest child who is the subject of this appeal.

C. Direct Placement Under Family Ct Act § 1055

Under Family Ct Act § 1055, after a child is adjudicated abused or neglected, the court can make a dispositional order placing the child directly with a relative or other suitable person, rather than in foster care. The child remains under the court’s article 10 jurisdiction and often under DSS supervision.

In this case, the initial private custody order in favor of the aunt was later replaced by a § 1055 direct placement order, reflecting that the case remained within the article 10 protective framework for some years before the aunt pursued more permanent article 6 custody.

D. Suspended Judgment

A suspended judgment is a dispositional tool that allows a court to delay final decision on a case for a set period (here, one year) based on a parent’s promise to complete specified conditions (e.g., anger management, parenting classes, counseling). If the parent complies, the court may restore the child or lessen restrictions; if not, more restrictive measures can be imposed.

The mother here consented to a one-year suspended judgment in 2020 but failed to complete a key condition—anger management—prompting the 2021 violation petition and extension of placement.

E. Lincoln Hearing

A Lincoln hearing is a private, in camera interview between the judge and the child in custody/visitation matters. Its purpose is to allow the child to express views and experiences without the pressure of testifying in open court. Lawyers are typically present, but the record is sealed to protect confidentiality.

In this case, Family Court conducted Lincoln hearings with each child, which informed its credibility assessments and best interests determination. The Appellate Division, as usual, defers significantly to the trial court’s ability to weigh that testimony.

F. Mootness in Custody Appeals

Mootness is a doctrine where courts dismiss appeals if there is no longer a live controversy. In custody law, when a child turns 18, Family Court lacks authority to order custody or visitation, so ongoing appeals on those issues normally become moot unless an exception applies.

Here, the middle child turned 18 during the appeal, so the mother’s challenges regarding that child’s custody were dismissed as moot, leaving only the youngest child at issue.

VI. Impact and Broader Significance

A. Reinforcing Accountability for Abuse Over Time

The decision underscores that serious child abuse does not fade from legal relevance merely because years have passed. Where a parent:

Refuses to acknowledge responsibility,
Fails to cooperate with remedial services, and
Does not demonstrate credible rehabilitation,

older abuse remains a powerful factor supporting extraordinary circumstances and restrictive visitation conditions. This is particularly important in long-running child welfare matters, where cases can stretch a decade or more.

B. Elevating the Role of Relative Caregivers

The opinion affirms that long-term, stable caregiving by relatives—here, a maternal aunt—can, in combination with parental deficits, justify permanent custody in nonparent relatives. Attorneys representing kinship caregivers will likely rely on this decision to:

Highlight extended de facto caregiving and strong emotional bonds.
Argue that direct placements under article 10 can appropriately evolve into permanent article 6 custody when reunification efforts fail.

C. Clear Warning to Parents About Noncompliance With Services

For parents in abuse/neglect proceedings, the case sends a clear message: nominal or partial engagement with services is not enough. Courts will examine:

Whether the parent genuinely participates, rather than merely attending.
Whether services are undertaken with approved providers and in good faith.
Whether behaviors indicating hostility, dishonesty, or denial continue despite intervention.

Persistent noncompliance can do more than prolong supervision; it can contribute to a finding of extraordinary circumstances that permanently displaces a parent’s superior right to custody.

D. Important Guidance for Attorneys for Children

The explicit rejection of the argument that the child’s ability to protect herself can justify unsupervised visitation should influence how attorneys for children frame their advocacy. While a child’s wishes and level of maturity remain relevant, the court has made it clear:

The child’s physical or emotional resilience is not a proper proxy for safety in the best interests analysis.
The state’s duty to protect children from abuse cannot be shifted onto the children themselves.

This limitation may have ripple effects in cases involving older children who maintain strong attachments to risky parents; courts must still ensure visitation structures that do not place protective burdens on the child.

E. Doctrinal Coherence With Bennett and Subsequent Cases

Finally, Matter of Josiah Y. can be seen as a modern application of the fundamental principles of Bennett v Jeffreys:

The case respects the constitutional and statutory importance of parental custody rights by requiring a threshold showing of extraordinary circumstances before considering best interests between a parent and nonparent.
At the same time, it affirms that when a parent’s conduct and circumstances are sufficiently grave—and especially where a child has found long-term safety and stability with a relative—courts may, and should, prioritize the child’s welfare over parental preference.

VII. Conclusion

Matter of Josiah Y. (Shanna V.) is a significant addition to New York’s family law jurisprudence on nonparent custody and supervised visitation. It:

Affirms that a history of serious child abuse, coupled with ongoing denial and noncompliance with services, can constitute extraordinary circumstances even years after the abuse occurred.
Emphasizes the crucial role of long-term, stable care by relatives and the powerful bonds that form in extended placements.
Upholds strict supervision of parental access where risk persists, and, notably, clarifies that a child’s perceived ability to “protect herself” is not relevant in determining best interests or in justifying unsupervised visitation.
Illustrates the proper interplay between article 10 protective proceedings and article 6 custody orders, including how direct placements can transition into permanent nonparent custody when reunification efforts fail.

The case thus stands as both a warning and a guide: a warning to parents that failure to accept responsibility for abuse and to engage meaningfully in remedial services can ultimately result in loss of custody, and a guide to courts and practitioners on how to structure protective, child-centered custody and visitation orders that do not place the burden of safety on children themselves.