Summary
This New York Appellate Division decision reviews a Family Court order terminating a mother's parental rights to four children based on her mental illness. The court found that the mother was deprived of her due process right to be present at the fact-finding and disposition hearings because the trial court proceeded in her absence despite medical quarantine requests, denied her requests for a transcript and additional time, and improperly excluded her from the courtroom. Consequently, the appellate court reversed the termination orders and remanded the matter for a new hearing after the mother has been assigned or permitted to retain counsel, while dismissing the appeal regarding one child as academic since she has reached adulthood.
Topics
Practice areas
Questions Presented
- Whether the Family Court abused its discretion by terminating parental rights without the mother present, violating due process.
- Whether the order terminating the mother's parental rights for Amanda J. O. is academic because the child is now an adult.
Holdings
- The order is dismissed as academic because the child has reached the age of 18.
- The orders are reversed because the mother was denied her due process right to be present; the matter is remitted for a new hearing.
Key quotations
“A parent has a due process right to be present during proceedings to terminate parental rights.” (160 AD3d 828, 828)
“Thus, when faced with the unavoidable absence of a parent, a court must balance the respective rights and interests of both the parent and the child in determining whether to proceed.” (219 AD3d 949, 952)
Factual background
The mother suffered from a mental illness that the Family Court found rendered her unable to provide proper care for her children. The court held hearings in her absence, denied her requests for counsel and evidence, and terminated her parental rights, transferring custody to the petitioner. One child, Amanda J. O., later turned 18.
Procedural history
The Family Court entered fact‑finding and disposition orders terminating the mother's parental rights for four children. The mother appealed those orders to the Appellate Division, Second Department.
Remand instructions
Remitted to the Family Court, Westchester County, for a new hearing after the mother has been assigned counsel or permitted an opportunity to retain counsel, with respect to Justina C. M. J., Stephen F. L. J., and Maximus L. J.