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: JAMAAL DeQUAN M. (Anonymous). Suffolk County Department of Social Services, respondent; Teresa W. (Anonymous), appellant.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Suffolk County (Freundlich, J.), entered November 16, 2004, which, after a hearing, found that she had permanently neglected the subject child, terminated her parental rights, and transferred guardianship and custody of the subject child to the Suffolk County Department of Social Services for the purpose of adoption.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The petitioner met its burden of establishing by clear and convincing evidence that, notwithstanding its diligent efforts to encourage and strengthen the parental relationship, the mother failed for a period of more than one year following the date that the subject child came into its care to plan for the future of the child, although physically and financially able to do so (see Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Margaret T., 20 A.D.3d 574, 799 N.Y.S.2d 270; Matter of Distiny Angelina N., 18 A.D.3d 755, 795 N.Y.S.2d 685). Although the testimony of the two caseworkers regarding documents in the case file constituted hearsay, such testimony was properly admitted as relevant and material to the issue of whether termination of the mother's parental rights was in the best interests of the child (see Family Ct. Act § 624; Matter of Saquan L.E., 19 A.D.3d 418, 419, 796 N.Y.S.2d 408; Matter of James Carton K., 235 A.D.2d 422, 423, 652 N.Y.S.2d 92). The Family Court's order was not based on inadmissible hearsay but, rather, was supported by clear and convincing evidence and should not be disturbed.
The mother's remaining contention is without merit.
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: December 19, 2005
Court: Supreme Court, Appellate Division, Second 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)