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: Application For Custody, etc., JOY FRANCIS H., A Child Under the Age of Eighteen Years, etc., Daniel H., Respondent–Appellant, St. Vincent's Services, Inc., Petitioner–Respondent.
Order of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about November 20, 1997, insofar as appealed from, terminating respondent-appellant's parental rights to the subject child upon a finding of permanent neglect, and committing the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that, despite petitioner's diligent efforts, respondent failed to visit the child regularly, attend planning sessions with the caseworker and undergo treatment for alcohol abuse (see, Matter of S. Children, 210 A.D.2d 175, 620 N.Y.S.2d 369, lv. denied 85 N.Y.2d 807, 628 N.Y.S.2d 50, 651 N.E.2d 918). Respondent's claim that petitioner failed to address his alleged post-traumatic stress syndrome is unavailing, inasmuch as respondent did not inform petitioner that he suffered from such condition until shortly before the petition was filed, and the psychiatric evaluation that respondent underwent at petitioner's behest also did not reveal such condition (see, Matter of Timothy M., 220 A.D.2d 891, 632 N.Y.S.2d 699, lv. denied 87 N.Y.2d 808, 641 N.Y.S.2d 830, 664 N.E.2d 896). A preponderance of the evidence supports the finding that adoption by her foster mother is in the child's best interests.
Thank you for your feedback!
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.
Decided: October 30, 2001
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)