In re Temple S.M.

97 A.D.3d 681, 947 N.Y.S.2d 611 (N.Y. App. Div. 2d Dep't 2012) · Appellate Division of the Supreme Court of the State of New York, Second Department · July 11, 2012

Summary

The Appellate Division held that the Family Court properly found that the mother permanently neglected the subject children. The court also upheld the determination that terminating the mother’s parental rights was in the children’s best interests.

Holdings

  1. The Family Court properly found that the mother permanently neglected the subject children because the petitioner established by clear and convincing evidence that it made diligent efforts to assist her in maintaining contact with the children and planning for their future, yet she failed to plan for their future.
  2. The Family Court properly determined that terminating the mother's parental rights was in the best interests of the subject children.

Questions Presented

  1. Whether the Family Court properly found that the mother permanently neglected the subject children.
  2. Whether termination of the mother's parental rights was in the best interests of the children.

Disposition

affirmed

Cases Cited (12)

  • Matter of Star Leslie W., 63 N.Y.2d 136, 142, 147 (1984)(followed)
  • Matter of Sheila G., 61 N.Y.2d 368, 373 (1984)(followed)
  • Matter of Kyshawn F. (Nellie M.-F.), 95 A.D.3d 883 (2012)(followed)
  • Matter of Darrnell G. (Robin Denise H.), 88 A.D.3d 789 (2011)(followed)
  • Matter of Harlem Dowling-Westside Ctr. for Children & Family Servs., 245 A.D.2d 449, 450 (1997)(distinguished)
  • Matter of Jamie M., 63 N.Y.2d 388, 393 (1984)(followed)
  • Matter of Orlando F., 40 N.Y.2d 103, 110 (1976)(followed)
  • Matter of Malen Sansa V. (Nancy J.), 70 A.D.3d 707, 708 (2010)(followed)
  • Matter of Fatima G., 64 A.D.3d 652, 653 (2009)(followed)
  • Matter of Noelia T., 61 A.D.3d 983, 984 (2009)(followed)

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