Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: KIANNA MARIA L., A Dependent Child Under the Age of Eighteen Years, etc., Maria Daphne M., Respondent-Appellant, Raoul Domingo L., Respondent, McMahon Services for Children, a program of Good Shepard Services, Petitioner-Respondent.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about July 9, 2004, upon a fact-finding determination of permanent neglect, insofar as appealed from, terminating respondent-appellant's parental rights to the subject child and committing the guardianship and custody of the child to petitioner agency and the Commissioner of Social Services for purposes of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that despite the agency's diligent efforts to encourage the parental relationship by scheduling regular visitation and referring respondent to drug treatment, domestic violence and parenting skills programs (see Matter of Jonathan M., 19 A.D.3d 197, 797 N.Y.S.2d 51 [2005], lv. denied 5 N.Y.3d 798, 801 N.Y.S.2d 560, 835 N.E.2d 329 [2005]; Matter of Kenneth Dayshawn J., 16 A.D.3d 158, 159, 790 N.Y.S.2d 456 [2005] ), respondent, during the relevant period, missed almost all of her scheduled visits, and failed to complete drug treatment and parenting skills programs or enroll in a domestic violence program (see Matter of La'Asia Lanae S., 23 A.D.3d 271, 803 N.Y.S.2d 568 [2005]; Matter of Maryline A., 22 A.D.3d 227, 802 N.Y.S.2d 29 [2005] ). The finding that termination of parental rights is in the child's best interests is supported by a fair preponderance of the evidence showing that at the time of the dispositional hearing, the child had been in foster care for over two years and had developed a close relationship with a caring foster mother, and that respondent could not presently ameliorate the conditions that led to the child's placement (see Matter of Lenny R., 22 A.D.3d 240, 802 N.Y.S.2d 37 [2005]; La'Asia Lanae S., 23 A.D.3d 271, 803 N.Y.S.2d 568, supra ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 02, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)