Matter of O.J.V. (S.V.)

Summary

The Appellate Division, First Department, affirmed Family Court orders terminating the mother's parental rights based on permanent neglect and committing the children's guardianship and custody to the agency and Commissioner of Social Services for adoption. The court dismissed the appeal from the fact-finding determination because it was entered on default, and held that the termination and best-interests determinations were supported by the evidence.

Holdings

1. No appeal lies from a fact-finding determination entered on default.
2. The finding that the mother permanently neglected the children is supported by clear and convincing evidence.
3. A preponderance of the evidence supports the determination that termination of the mother's parental rights is in the children's best interests.
4. There is no basis for a suspended judgment.

Questions Presented

1. Whether the appeal from the fact-finding determination entered on default should be dismissed
2. Whether the finding of permanent neglect is supported by clear and convincing evidence
3. Whether termination of the mother's parental rights is in the children's best interests
4. Whether a suspended judgment is warranted

Disposition

affirmed