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: MARYLINE A., also known as Maryline M., A Dependent Child Under the Age of Eighteen Years, etc., Madeline M., Respondent-Appellant, The New York Foundling Hospital, Petitioner-Respondent.
Order, Family Court, Bronx County (Carol S. Stockinger, J.), entered on or about December 15, 2003, which, upon a fact-finding determination of permanent neglect, terminated respondent mother's parental rights with respect to the subject child and committed custody and guardianship of the child to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence that, although the agency diligently endeavored to encourage and strengthen the relationship between respondent and her daughter, respondent failed to maintain contact with the child, missing more than half of her scheduled visits with her (see Matter of Jowell Lateefra B., 271 A.D.2d 366, 706 N.Y.S.2d 115 [2000], lv. denied 95 N.Y.2d 760, 714 N.Y.S.2d 710, 737 N.E.2d 952 [2000] ), or to plan for the child's future by, inter alia, completing a drug rehabilitation program (see Matter of Natajha Starr M., 204 A.D.2d 232, 612 N.Y.S.2d 413 [1994], lv. denied 84 N.Y.2d 806, 621 N.Y.S.2d 515, 645 N.E.2d 1215 [1994] ).
The court properly declined to enter a suspended judgment. The progress made by respondent in the months preceding the dispositional determination was not sufficient to warrant any further prolongation of the child's unsettled familial status. Under the circumstances, freeing the child for adoption by the foster parent with whom her two siblings also resided was plainly in her best interests (see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984]; Matter of Arron Brandend C., 267 A.D.2d 107, 701 N.Y.S.2d 6 [1999]; Matter of Amanda R., 215 A.D.2d 220, 626 N.Y.S.2d 481 [1995], lv. denied 86 N.Y.2d 705, 632 N.Y.S.2d 499, 656 N.E.2d 598 [1995] ).
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: October 04, 2005
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)