In re Lee B.

Summary

The court held that the mother permanently neglected the child by failing to enroll in court-ordered psychotherapy despite the agency's diligent efforts. However, it vacated the termination of her parental rights and remitted the matter for a new dispositional hearing because the mother had made sufficient progress toward strengthening her relationship with the child.

Holdings

1. The Family Court properly adjudged that the mother permanently neglected the child because, during the relevant statutory period, she failed to enroll in court-ordered psychotherapy and therefore failed to plan for the child's future, although physically and financially able to do so and despite the agency's diligent efforts.
2. Termination of the mother's parental rights was unwarranted because the record showed sufficient progress toward strengthening her relationship with the child; the order therefore had to be modified to delete the termination and custody-transfer provisions.
3. Because more than one year had passed since the dispositional hearing, entering a suspended judgment at the time of the appellate decision would have been imprudent; the matter therefore had to be remitted for a new dispositional hearing and a new disposition.

Questions Presented

1. Whether clear and convincing evidence established that the mother permanently neglected the child by failing to enroll in court-ordered psychotherapy and failing to plan for the child's future.
2. Whether termination of the mother's parental rights was warranted in light of her progress toward strengthening her relationship with the child.
3. Whether the matter should be remitted for a new dispositional hearing rather than entering a suspended judgment after more than one year had passed since the prior dispositional hearing.

Disposition

remanded