IN RE: Custody (1997)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Custody, etc., EVELYN REBECCA W. and Female S. a/k/a Shanic S., Dependent Children Under the Age of Eighteen Years, Cheryl S., Respondent-Appellant, Commissioner of Social Services of the City of New York, et al., Petitioners-Respondents.

Decided: September 23, 1997

Before SULLIVAN, J.P., and ELLERIN, NARDELLI, WILLIAMS and ANDRIAS, JJ.

Raymond E. Rogers, for Evelyn Rebecca W. and Female S. Salvatore C. Adamo, for Respondent-Appellant. Janet L. Zaleon, Andrea Peyser, for Petitioners-Respondents.

Orders, Family Court, Bronx County (Richard Ross, J.), entered on or about April 26, 1995, terminating respondent's parental rights to the subject children upon a finding of permanent neglect, and committing their custody and guardianship to either petitioner agency and/or Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

While Family Court correctly found that respondent failed to apprise petitioner agency of her location for six months, and that the agency was therefore not required to show diligent efforts to strengthen the parental relationship (Social Services Law § 384-b[7][e][i] ), we note the strong evidence of efforts to assist respondent in drug rehabilitation and to encourage visitation contained in the record (see, Social Services Law § 384-b[7][f]; Matter of Michael M., 172 A.D.2d 152, 567 N.Y.S.2d 693). Given the evidence of respondent's history of resistance to drug treatment and of the children's bonding with their respective foster mothers, termination of respondent's parental rights is clearly in the children's best interests (see, Matter of Manuel Antonio M., 234 A.D.2d 87, 650 N.Y.S.2d 701; Matter of Nancy Rose D., 235 A.D.2d 220, 651 N.Y.S.2d 529).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network