In re Alisa E.

Summary

The Appellate Division, Fourth Department affirmed an order revoking a suspended judgment and terminating the respondent mother's parental rights. The court held that the petitioner proved by a preponderance of the evidence that the mother violated the suspended judgment's conditions and that termination was in the child's best interests.

Holdings

1. The petitioner established by a preponderance of the evidence that the mother violated the terms and conditions of the suspended judgment.
2. A hearing on a petition alleging violation of a suspended judgment is part of the dispositional phase of a permanent-neglect proceeding, and the disposition must be based on the best interests of the child.
3. The record supported the Family Court's determination that termination of the mother's parental rights was in the child's best interests.

Questions Presented

1. Whether the petitioner established by a preponderance of the evidence that the mother violated the terms and conditions of the suspended judgment.
2. Whether termination of the mother's parental rights was in the child's best interests after revocation of the suspended judgment.

Disposition

affirmed