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In the Matter of ZAKKARIYYA D. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; SATARI D., Respondent; FRANKLYN ROWE et al., Intervenors-Appellants.

The petitioner did not meet its burden of establishing by a preponderance of the evidence that the mother was presently unable to care for the subject child and that the continuation of foster care was in the child's best interests ( see Matter of Sal D., 307 AD2d 261, 262; Matter of Glenn B., 303 AD2d 498). The evidence adduced at the hearing indicated that the mother was able to take care of the children in her custody ( see Matter of Patricia K, 239 AD2d 622). Children should be returned to their biological parents if at all possible and if it is responsible to do so ( see Matter of Dale P., 84 NY2d 72, 77). The Family Court's determination was supported by the record, and we decline to disturb it on appellate review.

The intervenors' remaining contentions are without merit.

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MATTER OF SUFFOLK
(Sep 19, 2006)