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: GABRIELLA G. and Hadassah G. Onondaga County Department of Social Services, Petitioner–Respondent; Jeannine G., Respondent–Appellant.
Respondent mother appeals from an order that, inter alia, adjudicated her two children to be neglected based on her failure to supply them with an adequate education (see Family Ct Act § 1012[f][i][A] ). As a preliminary matter, we note that the appeal from the order insofar as it concerns the disposition must be dismissed as moot because that part of the order has expired by its terms (see Matter of Kennedie M. [Douglas M.], 89 AD3d 1544, 1546, lv denied 18 NY3d 808; Matter of Thomas C. [Jennifer C.], 81 AD3d 1301, 1302, lv denied 16 NY3d 712; Matter of Francis S. [Wendy H.], 67 AD3d 1442, 1442, lv denied 14 NY3d 702). The mother “may nevertheless challenge the underlying neglect adjudication because it ‘constitutes a permanent stigma to a parent and it may, in future proceedings, affect a parent's status' “ (Matter of Matthew B., 24 AD3d 1183, 1183).
Contrary to the mother's contention, petitioner met its burden of establishing educational neglect by a preponderance of the evidence (see Matter of Cunntrel A. [Jermaine D.A.], 70 AD3d 1308, 1308, lv dismissed 14 NY3d 866). “ ‘Proof that a minor child is not attending a public or parochial school in the district where the parent[ ] reside[s] makes out a prima facie case of educational neglect pursuant to section 3212(2)(d) of the Education Law’ “ (Matthew B., 24 AD3d at 1184). “ ‘Unrebutted evidence of excessive school absences [is] sufficient to establish ․ educational neglect’ “ (id.). Petitioner submitted the children's school records and the testimony of the caseworker, which established “that each child had ‘a significant, unexcused absentee rate that [had] a detrimental effect on [each] child's education’ “ (Cunntrel A., 70 AD3d at 1308). The mother failed to present “ ‘evidence that the [children are] attending school and receiving the required instruction in another place’ or to establish a reasonable justification for the children's absences and thus failed to rebut the prima facie evidence of educational neglect” (id.).
Finally, we reject the contention of the mother that she received ineffective assistance of counsel at the fact-finding hearing. “It is not the role of this Court to second-guess the attorney's tactics or trial strategy” (Matter of Katherine D. v. Lawrence D., 32 AD3d 1350, 1351–1352, lv denied 7 NY3d 717) and, based on our review of the record, we conclude that the mother received meaningful representation (see id. at 1352).
It is hereby ORDERED that said appeal from the order insofar as it concerns disposition is unanimously dismissed and the order is affirmed without costs.
MEMORANDUM:
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: March 15, 2013
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)