Summary
The Appellate Division dismissed as moot the mother's appeal concerning her oldest child, who had reached age 18. It upheld the termination of her parental rights as to the younger children based on permanent neglect, concluding that the petitioner made diligent efforts and that a suspended judgment would not serve the children's best interests.
Holdings
- The appeal concerning the oldest child was dismissed as moot because the child had reached age eighteen.
- The petitioner met its initial burden of establishing by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen the mother's relationship with the younger children, and the mother failed to establish a meaningful plan for their future addressing the problems that caused their removal.
- A suspended judgment would not serve the best interests of the younger children.
Questions Presented
- Whether the petitioner established by clear and convincing evidence that it made the diligent efforts required to support termination of the mother's parental rights for permanent neglect.
- Whether the mother demonstrated a meaningful plan for the younger children's future and addressed the problems that caused their removal.
- Whether a suspended judgment would serve the best interests of the younger children.
- Whether the appeal concerning the oldest child was moot because that child had reached age eighteen.
Disposition
dismissed
Cases Cited (8)
- Matter of Anthony M., 56 A.D.3d 1124, 1124 (2008), lv denied, 12 N.Y.3d 702 (2009)(followed)
- Matter of Rachael N. [Christine N.], 70 A.D.3d 1374, 1374 (2010), lv denied, 15 N.Y.3d 708 (2010)(followed)
- Matter of Gerald G. [Orena G.], 91 A.D.3d 1320, 1320 (2012), lv denied, 19 N.Y.3d 801 (2012)(followed)
- Matter of Brittany K., 59 A.D.3d 952, 953 (2009), lv denied, 12 N.Y.3d 709 (2009)(followed)
- Matter of Tiara B. [Torrence B.], 70 A.D.3d 1307, 1307-1308 (2010), lv denied, 14 N.Y.3d 709 (2010)(followed)
- Matter of Mercedes L., 12 A.D.3d 1184, 1185 (2004)(followed)
- Matter of Saboor G., 303 A.D.2d 1022, 1023 (2003)(followed)
- Matter of Roystar T. [Samarian B.], 72 A.D.3d 1569, 1569 (2010), lv denied, 15 N.Y.3d 707 (2010)(followed)
Cited In (0)
No citing cases on record yet.
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