From Casetext: Smarter Legal Research

Dutchess County Department of Social Services v. Kenneth D.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 714 (N.Y. App. Div. 1995)

Opinion

March 29, 1995

Appeal from the Family Court, Dutchess County (Marlow, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court correctly found that the appellants failed to plan for their children's future (see, Social Services Law § 384-b). In planning for the children's future, "[a]t a minimum, parents must `take steps to correct the conditions that led to the removal of the child from their home'" (Matter of Nathaniel T., 67 N.Y.2d 838, 840, quoting Matter of Leon RR, 48 N.Y.2d 117, 125). This parental obligation necessarily includes addressing and overcoming specific personal and familial problems which initially endangered or proved harmful to the child, and which may in the future endanger or possibly harm the child (see, Matter of Tammy B., 185 A.D.2d 881; Matter of Sonia H., 177 A.D.2d 575).

Here, after the two girls had been removed from the custody of the appellants, the father was found to have sexually abused the oldest. Thereafter, the oldest son was also removed from the appellants' custody. The Family Court directed the appellants to seek sexual abuse therapy if they wanted to reunite with their children.

Although the father attended therapy sessions, due to his lack of acknowledgment of guilt, the cause of the abuse was never explored and he was unable to gain any insight into his behavior. Because the father failed to make any therapeutic progress, we find that he cannot make an adequate plan for his children's future (see, Matter of Tammy B., supra; Matter of Travis Lee G., 169 A.D.2d 769).

The mother failed to attend the recommended counseling, missed 42% of scheduled visits with her children over a 16-month period, and failed to attend several bi-yearly conferences to discuss the future of the children. Thus, the Family Court properly found that the mother failed to adequately plan for her children's future (see, Matter of Kandu Anthony Y., 166 A.D.2d 653).

Accordingly, it is in the best interests of the children that the appellants' parental rights be terminated in order to permit the children to be adopted and provided with a stable family life (see, Matter of Sheila G., 61 N.Y.2d 368). Balletta, J.P., Thompson, Lawrence and Goldstein, JJ., concur.


Summaries of

Dutchess County Department of Social Services v. Kenneth D.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 714 (N.Y. App. Div. 1995)
Case details for

Dutchess County Department of Social Services v. Kenneth D.

Case Details

Full title:In the Matter of DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf…

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

Date published: Mar 29, 1995

Citations

213 A.D.2d 714 (N.Y. App. Div. 1995)
624 N.Y.S.2d 455

Citing Cases

Matter of Patrick

A parent must, at a minimum, take whatever steps necessary to correct the conditions which initially led to…

Matter of Alicia Shante H

The record also demonstrates that the Agency met its burden of establishing by clear and convincing evidence…