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: COMMITMENT OF GUARDIANSHIP AND CUSTODY OF SELATHIA NICOLE F., et al., Dependent Children Under Eighteen Years of Age, etc., Ella F., Respondent-Appellant, Gary R., et al., Respondents, Talbot Perkins Children's Services, et al., Petitioners-Respondents.
Order of disposition, Family Court, Bronx County (Stewart Weinstein, J.), entered on or about January 2, 1996, terminating respondent mother's parental rights to the subject children and committing their custody and guardianship to petitioner agency and the Commissioner of Social Services for purposes of adoption, unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence that respondent failed to plan for the children's future by not availing herself of the drug rehabilitation and other programs that petitioner agency repeatedly referred her to and encouraged her to enter (see, Social Services Law § 384-b[7]; Matter of Sheila G., 61 N.Y.2d 368, 474 N.Y.S.2d 421, 462 N.E.2d 1139; Matter of Juanita Katerina M., 205 A.D.2d 474, 614 N.Y.S.2d 501; see also, Matter of Lameek L., 226 A.D.2d 464, 640 N.Y.S.2d 600).
A fair preponderance of the evidence also demonstrated that the order of disposition was in accord with the best interests of the children since the two older children have lived with their aunt by marriage for six years and the youngest child has lived with her foster family since she was born, and all the children are thriving in these environments (Family Ct Act § 623; Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Reggie B., 223 A.D.2d 471, 636 N.Y.S.2d 790; see also, Matter of Shaka Efion C., 207 A.D.2d 740, 616 N.Y.S.2d 620).
MEMORANDUM DECISION.
Thank you for your feedback!
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 28, 1997
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)