In re Luke M.

Summary

The Appellate Division unanimously affirmed an order terminating the respondent mother’s parental rights based on permanent neglect and transferring custody and guardianship of the children for adoption. The court held that the agency made diligent efforts to strengthen the parent-child relationship, while the mother failed to comply with critical service-plan requirements and did not demonstrate insight into the children’s needs. The court also concluded that termination, rather than a suspended judgment, was in the children’s best interests.

Holdings

1. The agency established by clear and convincing evidence that it made diligent efforts to strengthen the parent-child relationship and that the mother permanently neglected the children.
2. A suspension of judgment was not warranted because the mother failed to demonstrate sufficient progress toward understanding and meeting the children's needs or accepting responsibility for the conduct leading to their removal.
3. Termination of the mother's parental rights was in the children's best interests and was supported by a preponderance of the evidence.

Questions Presented

1. Whether the agency established by clear and convincing evidence that it made diligent efforts to strengthen the parent-child relationship and that the mother permanently neglected the children.
2. Whether the Family Court should have suspended judgment for one year rather than terminated the mother's parental rights.
3. Whether termination of the mother's parental rights was in the children's best interests.

Disposition

affirmed