Opinion
September 29, 1994
Appeal from the Family Court, New York County (Mary Bednar, J.).
Family Court's finding that it is in the child's best interests to terminate respondent's parental rights and free the child for adoption by a foster family with whom he has bonded and which has been providing for his special needs was supported by the requisite fair preponderance of the evidence (Matter of Gerald M., 112 A.D.2d 6). There is no presumption that the child's interests will be served best by return to the parent (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148), even when the parent has custody of the child's siblings (Family Ct Act § 631; see, Matter of Malik M., 40 N.Y.2d 840). State regulations relating to placement of siblings together in preadoptive homes ( 18 NYCRR 421.2 [e]; 421.19 [a] [3]) are not applicable to termination proceedings. Nor was evidence of respondent's changed circumstances sufficient to warrant a suspended judgment, given no real relationship between respondent and the child and the strong relationship that the child has developed with competent foster parents (compare, Matter of Desmond Sinclair G., 202 A.D.2d 156, with Matter of Patrick L. McC., 179 A.D.2d 220).
Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.