Matter of King P. (James Q.)

Summary

The New York Appellate Division, Third Department affirmed an order modifying the permanency goal for two neglected children from return to parent to free for adoption. The court held that the father's due process challenge to the duration of the permanency hearing was unpreserved and, alternatively, that good cause supported the hearing schedule. The court concluded that the record provided a sound and substantial basis for finding that reunification was not viable and that continued placement with the petitioner served the children's best interests.

Holdings

1. James Q.'s due-process claim was unpreserved because he failed to object to, or consented to, the scheduled hearing dates. Even assuming preservation, the hearing's duration did not violate due process because good cause existed to extend beyond the statutory time limit to accommodate his out-of-state witnesses and interstate travel.
2. Family Court properly modified the permanency goal from return to parent to free for adoption because the Department of Social Services provided appropriate reunification services and the evidence established that return to James Q. was impossible under the circumstances.
3. Family Court properly determined that the children's best interests warranted their continued placement with the petitioner rather than their return to James Q.

Questions Presented

1. Whether James Q.'s due-process challenge based on the duration of the permanency hearing and delay in Family Court's decision was preserved and, if preserved, whether the delay violated due process.
2. Whether the Montgomery County Department of Social Services made sincere efforts to reunify James Q. with the children.
3. Whether the evidence supported modifying the permanency goal from return to parent to free for adoption.
4. Whether the evidence supported the children's continued placement with the petitioner rather than their return to James Q.

Disposition

affirmed