Summary
The Appellate Division, Second Department, affirmed an order terminating the father's parental rights on the ground of permanent neglect and transferring guardianship and custody of the child for adoption. The court held that the agency established by clear and convincing evidence that it made diligent efforts to strengthen the parent-child relationship and that the father failed to plan for the child's return. The court also concluded that a suspended judgment was not in the child's best interests.
Holdings
- The agency established by clear and convincing evidence that it fulfilled its statutory duty to exercise diligent efforts to encourage and strengthen the parent-child relationship.
- The father permanently neglected the child by failing to plan for the child's return after the agency demonstrated diligent efforts.
- A suspended judgment was not in the child's best interests, so termination of parental rights and transfer of guardianship and custody for adoption were proper.
Questions Presented
- Whether the agency established by clear and convincing evidence that it exercised diligent efforts to strengthen the parent-child relationship.
- Whether the father permanently neglected the child by failing to maintain the relationship or plan for the child's future despite the agency's diligent efforts.
- Whether a suspended judgment was in the child's best interests at the dispositional hearing.
Disposition
affirmed
Cases Cited (14)
- Matter of Dynasty S.G. [Paula G.], 228 AD3d 657, 658(followed)
- Matter of Alexis M.B. [Jaclyn R.P.], 224 AD3d 679, 680-681(followed)
- Matter of Noel Sean CJ Ivan W. [Danica W.], 179 AD3d 1078, 1079(followed)
- Matter of Orazio R. [Nanci P.], 233 AD3d 689, 690(followed)
- Matter of Chiamaka B.O. [Stanley N.O.], 235 AD3d 759, 760(followed)
- Matter of Navyiah Sarai U. [Erica U.], 211 AD3d 959, 961(followed)
- Matter of Anthony A.R. [Taicha M.P.], 234 AD3d 696, 696(followed)
- Matter of Alonso S.C.O. [Angela O.M.], 211 AD3d 952, 954(followed)
- Matter of Ryder S.R. [Shaquana R.], 236 AD3d 1045, 1046(followed)
- Matter of Christopher C. [Sonia C.], 235 AD3d 865, 867(followed)
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Cited In (0)
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Court Document
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