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: KHALIL A., and Another, Dependent Children Under the Age of Eighteen Years, etc., Sabree A., Respondent–Appellant, The Children's Aid Society, Petitioner–Respondent.
Orders of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 16, 2009, which, upon a fact-finding of permanent neglect, terminated respondent mother's parental rights to the subject children and transferred custody and guardianship of the children to petitioner agency and the Commissioner of Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence of respondent's failure for the relevant time period to plan for the future of the children, despite petitioner's diligent efforts to encourage and strengthen the parental relationship between respondent and the children (see Social Services Law § 384–b[7][a],[f] and § 384–b[3][g][i] ). In particular, the record shows that petitioner met regularly with respondent to prepare a service plan and review her progress, arranged visitation between respondent and the children, and assisted respondent with housing, and that, these efforts notwithstanding, respondent failed to attend individual therapy or address the mental condition that led to the children's placement (see Matter of Nathaniel T., 67 N.Y.2d 838, 842, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986] ).
A preponderance of the evidence supports the determination that it is in the best interests of the children to terminate respondent's parental rights (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] ). The children have lived in the same foster home for at least five years, and the record demonstrates that the foster mother has provided loving care to the children. Under the circumstances, a suspended judgment is not warranted (see Matter of Sean LaMonte Vonta M., 54 A.D.3d 635, 635, 864 N.Y.S.2d 21 [2008] ).
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: May 24, 2011
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)