Matter of Zander L. (Athena L.)

Summary

The Appellate Division, Fourth Department affirmed an order revoking a suspended judgment and terminating the respondent mother's parental rights under Social Services Law § 384-b. The court held that the petitioner established by a preponderance of the evidence that the mother failed to comply with multiple suspended-judgment conditions, including requirements concerning safe parenting, housing, and visitation.

Holdings

1. When Family Court determines by a preponderance of the evidence that a respondent has failed to comply with any term of a suspended judgment, it may revoke the suspended judgment and terminate parental rights.
2. The petitioner established by a preponderance of the evidence that the mother failed to comply with the suspended judgment.
3. Failure to obtain appropriate housing as required by a suspended judgment can alone constitute grounds for revocation of the suspended judgment.

Questions Presented

1. Whether Family Court properly found by a preponderance of the evidence that the mother failed to comply with the terms of the suspended judgment.
2. Whether Family Court properly revoked the suspended judgment and terminated the mother's parental rights after finding noncompliance.
3. Whether the mother's failure to obtain appropriate housing independently supported revocation of the suspended judgment.

Disposition

affirmed