Opinion
2016–09325
12-13-2017
In the MATTER OF DEYSANNI H. (Anonymous). Orange County Department of Social Services, respondent; Deysanna H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Deyviion H. (Anonymous). Orange County Department of Social Services, respondent; Deysanna H. (Anonymous), appellant. (Proceeding No. 2)
Karen A. Sferlazzo, Warwick, NY, for appellant. Langdon C. Chapman, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent. Keith G. Ingber, Thompson Ridge, NY, attorney for the children.
Karen A. Sferlazzo, Warwick, NY, for appellant.
Langdon C. Chapman, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent.
Keith G. Ingber, Thompson Ridge, NY, attorney for the children.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeal from an order of the Family Court, Orange County (Carol S. Klein, J.), entered July 15, 2016. The order, after a hearing, revoked a suspended judgment contained in an order of disposition of that court entered July 27, 2015, upon a determination that the mother had violated the terms and conditions thereof, and terminated her parental rights.
ORDERED that the order entered July 15, 2016, is affirmed, without costs or disbursements.
On February 24, 2015, the Orange County Department of Social Services (hereinafter DSS) commenced these proceedings to terminate the mother's parental rights on the ground that she permanently neglected the subject children. On June 9, 2015, the mother consented to a finding of permanent neglect, and an order of suspended judgment was issued upon certain conditions. Notably, the mother was required to maintain a 100% compliance rate with her substance abuse program and with the Family Support Program. On December 22, 2015, DSS filed an order to show to revoke the suspended judgment, alleging that the mother had failed to comply with the terms and conditions thereof. After a hearing, the Family Court revoked the suspended judgment and terminated the mother's parental rights. The mother appeals.
A suspended judgment is a dispositional alternative upon a finding of permanent neglect (see Family Ct Act § 631 ; Matter of Ernesto Thomas A., 5 A.D.3d 380, 381, 772 N.Y.S.2d 708 ). It affords "a brief grace period designed to prepare the parent to be reunited with the child" and provides the parent "a second chance, where the court determines it is in the child's best interests" ( Matter of Michael B., 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122 ). "The Family Court may revoke a suspended judgment after a violation hearing if it finds, upon a preponderance of the evidence, that the parent failed to comply with one or more of its conditions" ( Matter of Ricky Joseph V., 24 A.D.3d 683, 684, 808 N.Y.S.2d 320 ; see Matter of Jysier E.K.J.L. [Christina D.L.], 88 A.D.3d 792, 793, 930 N.Y.S.2d 906 ; Matter of Jahquavius W. [Quanteria H.], 86 A.D.3d 576, 577, 926 N.Y.S.2d 905 ; Matter of Nicholas S. [Rhonda S.], 78 A.D.3d 841, 842, 910 N.Y.S.2d 362 ). " ‘When determining compliance with a suspended judgment, it is the parent's obligation to demonstrate that progress has been made to overcome the specific problems which led to the removal of the child. Significantly, a parent's attempt to comply with the literal provisions of the suspended judgment is not enough’ " ( Matter of Jahquavius W. [Quanteria H.], 86 A.D.3d at 577, 926 N.Y.S.2d 905, quoting Matter of Darren V., 61 A.D.3d 986, 987, 878 N.Y.S.2d 171 ).
Here, while the mother made some efforts to comply with the conditions of the suspended judgment, the Family Court properly determined that the mother's discharge from her substance abuse program for "noncompliance," and her failure to consistently attend and benefit from the Family Support Program, constituted a violation of the terms of the suspended judgment. Moreover, the record supports the court's conclusion that the mother failed to understand "the full extent of why her children were in care or why they were removed." Accordingly, the mother failed to demonstrate that progress had been made to overcome the specific problems which led to the removal of the subject children.
The mother's remaining contentions are without merit.
Accordingly, the Family Court properly revoked the suspended judgment and terminated the mother's parental rights (see Matter of Carmen C. [Margarita N.], 95 A.D.3d 1006, 1008, 944 N.Y.S.2d 214 ; Matter of Jysier E.K.J.L. [Christina D.L.], 88 A.D.3d at 793, 930 N.Y.S.2d 906 ; Matter of Jahquavius W. [Quanteria H.], 86 A.D.3d at 577, 926 N.Y.S.2d 905 ).
AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.