In re Julien Javier F.

Summary

The Appellate Division, First Department, affirmed Family Court’s fact-finding determinations that the mother violated the terms of suspended judgments in a parental-rights matter. The court held that a preponderance of the evidence supported the violations, including unsuitable housing, drug and alcohol relapse, missed planning conferences, and failure to obtain required clearances, while dismissing the appeals from the dispositional orders because they were entered on default.

Holdings

1. A preponderance of the evidence supported Family Court's finding that the mother violated the terms of the suspended judgments.
2. No appeal lies from the orders of disposition because they were entered upon the mother's default.
3. A parent need not violate all of the terms of a suspended judgment for a violation to be found; a material violation of one or more terms may support revocation.

Questions Presented

1. Whether the evidence supported Family Court's finding that the mother violated the terms of the suspended judgments.
2. Whether the mother could appeal the orders of disposition when those orders were entered upon her default.
3. Whether a violation of a suspended judgment may be found when the parent has not violated every term of the judgment.

Disposition

other