From Casetext: Smarter Legal Research

Matter of Jeanette

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 1990
168 A.D.2d 351 (N.Y. App. Div. 1990)

Opinion

December 18, 1990

Appeal from the Family Court, New York County (Leah Ruth Marks, J.).


Respondent contends that petitioner failed to prove that it exercised diligent efforts to strengthen his relationship with his three-year-old child. To the contrary, the evidence clearly demonstrates that the agency diligently attempted to reunite respondent with his daughter, but that he failed to plan for her return and regularly failed to maintain contact with her, only visiting his child five times between December 1987 and October 1988, despite numerous scheduled visits. The agency repeatedly attempted to help respondent overcome his drug problem, a major barrier preventing discharge of his child from foster care, but respondent refused the agency's aid. Notably, the agency also explored the possibility of placing respondent's daughter with his sister, but she never formally decided to take Christina into her home.

Under the circumstances, in light of respondent's failure to realistically plan for the future of his daughter and in light of his failure to regularly keep in contact with her, there was a sufficient basis to support a determination of permanent neglect. (Matter of Star Leslie W., 63 N.Y.2d 136.) Moreover, the evidence establishes that the best interest of Christina would be served by a termination of respondent's parental rights so that she can be freed for adoption by her foster parents, with whom Christina has lived for almost her entire life.

While respondent alternatively requests a suspended judgment, he has not demonstrated that he has taken any steps to ameliorate the conditions which led to Christina's placement in the first place.

Concur — Rosenberger, J.P., Asch, Kassal, Wallach and Smith, JJ.


Summaries of

Matter of Jeanette

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 1990
168 A.D.2d 351 (N.Y. App. Div. 1990)
Case details for

Matter of Jeanette

Case Details

Full title:In the Matter of the Guardianship of CHRISTINA JEANETTE C., an Infant…

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

Date published: Dec 18, 1990

Citations

168 A.D.2d 351 (N.Y. App. Div. 1990)
562 N.Y.S.2d 675

Citing Cases

Norman W. v. Leake & Watts Servs., Inc. (In re Dante Alexander W.)

We decline to address respondent's arguments regarding disposition as they are improperly raised for the…

Sarah T. v. N.Y. Foundling Hosp. (In re Janaya T.)

Respondent failed to take responsibility for the conditions that led to the children's removal, and failed to…