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Matter of Deidre

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 578 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Family Court, New York County (Jeffry Gallet, J.).


In December 1986, petitioner sought termination of respondents' parental rights. In lieu of a fact-finding hearing, respondents stipulated to findings of fact of permanent neglect. Judgment was suspended on various conditions, including that the Bureau of Mental Health Services find, after a subsequent mental examination, that the mother was emotionally fit to parent the child.

The evaluation revealed that the mother was incapable of caring adequately for the child and the agency moved to execute judgment. Opposition papers were submitted which did not contest the accuracy of the evaluation or seek an evidentiary hearing. The court granted the motion and a dispositional hearing was thereafter held over a six-month period, at which psychological testimony was given by both sides. The court thereafter decided that the best interests of the child required termination of the parental rights and commencement of adoption proceedings.

Respondents argue that the court erred in revoking the suspended judgment without holding an evidentiary hearing pursuant to Uniform Rules for Trial Courts (22 N.Y.CRR) § 205.50 (d). However, waiver of statutory and constitutional rights is not prohibited in all circumstances (see, Matter of Abramovich v Board of Educ., 46 N.Y.2d 450, cert denied 444 U.S. 845), and since the suspended judgment was revoked, for reasons other than respondents' voluntary compliance, no prerevocation hearing was required pursuant to the express language of the statute which is limited to a failure to comply.

The weight of the evidence established that termination of the parental rights was in the best interests of the child (Family Ct Act § 631; Matter of Star Leslie W., 63 N.Y.2d 136, 147-148). The testimony revealed that the parents suffered from chronic psychological impairments which limited their ability to provide a stable and appropriate home environment for the child and that the foster parents had more than adequate parenting skills which resulted in a bonding with the child who had lived with them since three months of age.

We have considered the remaining arguments and find them to be without merit.

Concur — Carro, J.P., Ellerin, Kupferman, Kassal and Rubin, JJ.


Summaries of

Matter of Deidre

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 578 (N.Y. App. Div. 1991)
Case details for

Matter of Deidre

Case Details

Full title:In the Matter of DEIDRE S., a Child Alleged to be Neglected. JEWISH CHILD…

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 578 (N.Y. App. Div. 1991)
564 N.Y.S.2d 432

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