Matter of Alisha SS. (Zuhra SS.)

Summary

The New York Appellate Division, Third Department affirmed a Family Court order adjudicating a child permanently neglected and terminating the parental rights of the mother. The court held that the Schenectady County Department of Social Services made diligent efforts to support reunification and that the mother failed to substantially plan for the child's future. The court also concluded that termination, rather than a suspended judgment, was in the child's best interests.

Holdings

1. The agency satisfied its burden of establishing diligent efforts by clear and convincing evidence.
2. The mother failed to substantially plan for the child's future despite being physically and financially able to do so, and the finding of permanent neglect was supported by clear and convincing evidence.
3. Termination of the mother's parental rights, rather than a suspended judgment, served the child's best interests.

Questions Presented

1. Whether the agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the mother's relationship with the child.
2. Whether the mother substantially and continuously or repeatedly planned for the child's future such that a finding of permanent neglect was unsupported.
3. Whether termination of the mother's parental rights, rather than a suspended judgment, was in the child's best interests.

Disposition

affirmed