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In re Robert R

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2000
276 A.D.2d 335 (N.Y. App. Div. 2000)

Opinion

October 17, 2000.

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about May 7, 1998, which, upon a finding of permanent neglect, terminated respondent mother's parental rights and committed custody and guardianship of the subject child to the commissioner of Social Services and petitioner agency for purposes of adoption, unanimously affirmed, without costs.

Patricia S. Colella, for Robert R.

Mary Jane Sclafani, for petitioner-respondent.

Arza Rayches Feldman, for respondent-appellant.

Before: Sullivan, P.J., Rosenberger, Mazzarelli, Rubin, Buckley, JJ.


Clear and convincing evidence supports Family Court's finding of permanent neglect against respondent, based on respondent's failure to plan for her child's future for more than one year (see, Matter of Tiwana M., 267 A.D.2d 144; Matter of Emily A., 216 A.D.2d 124). Despite petitioner's diligent efforts during the statutorily relevant period to encourage the parent-child relationship, respondent failed to complete a drug rehabilitation program, leaving unaddressed a principal impediment to her assumption of parental responsibilities, and failed to visit the child on a regular basis (cf., Matter of Sheila G., 61 N.Y.2d 368). The dispositional determination that it would be in the child's best interests (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148) to terminate respondent's parental to facilitate the child's adoption was also warranted.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Robert R

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2000
276 A.D.2d 335 (N.Y. App. Div. 2000)
Case details for

In re Robert R

Case Details

Full title:IN RE APPLICATION FOR THE CUSTODY AND GUARDIANSHIP OF ROBERT R., A MINOR…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 2000

Citations

276 A.D.2d 335 (N.Y. App. Div. 2000)
714 N.Y.S.2d 53