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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Leon RR

This dissenting opinion addresses a case concerning the permanent termination of parental rights for an infant, Leon, Jr., who had been in the physical custody of foster parents since 19 months of age. The dissent argues that the St. Lawrence County Department of Social Services consistently undermined the natural parental relationship, encouraging the foster parents and failing to make diligent efforts to assist the natural parents in maintaining their connection with the child. It criticizes the agency for not carrying out a plan for reintegration and for encouraging the infant's attachment to the foster parents while limiting natural parental visitation. The opinion asserts that the record is inadequate to support the termination of parental rights, highlighting that the natural parents had previously had their other children returned to them and had cooperated with caseworkers. The dissent concludes that the administrative agency's conduct amounted to an abuse of the temporary placement system and votes to reverse the order, seeking dismissal of the petition for permanent termination of parental rights and remittal for consideration of continued custody.

Parental Rights TerminationChild Custody DisputeFoster Care SystemChild WelfareFamily LawBest Interests of the ChildJudicial DissentDepartment of Social ServicesFamily Court ActParent-Child Relationship
References
6
Case No. NN-13044-11, NN-13045-11
Regular Panel Decision
Aug 14, 2014

Monroe County Department of Human Services v. Nadir J.B.

The Monroe County Department of Human Services petitioned to terminate the parental rights of Nadir B. to his sons, Xavier and Amir, alleging abandonment for failing to visit or communicate with them or the agency during a six-month period. The court heard testimony from caseworkers, a foster parent, and the paternal grandmother, Tamara B., who also had a pending custody petition for the children and was in constant contact with the Department. The court found that the Department's efforts to contact the father were limited and that the paternal grandmother was a viable resource for the children. Ultimately, the court concluded that the petitioner failed to prove that the father evinced an intent to forgo his parental rights, especially given his support for his mother's custody petition and his court appearances. The petition for termination of parental rights was therefore dismissed.

Parental Rights TerminationChild AbandonmentFoster CarePaternal CustodyInterstate Compact ApplicationFamily CourtMonroe CountyChild NeglectCommunication with AgencyViable Resource
References
12
Case No. MISSING
Regular Panel Decision

In re David Michael J.

This case involves an appeal from an order of the Onondaga County Family Court, presided over by Judge Hedges, which terminated parental rights. The Appellate Court previously remitted the matter to Family Court for further proceedings, including a dispositional hearing. On remittal, the Family Court's determination was found to be supported by legally sufficient evidence, despite the admission of hearsay testimony, which was deemed proper under Family Ct Act § 624. The court properly relied on testimony from prior hearings and the dispositional hearing to conclude that there had been no substantial change or progress from the respondent that would prevent the termination of parental rights. Consequently, the order to terminate parental rights was unanimously affirmed.

Parental RightsTermination of Parental RightsFamily CourtAppealHearsay EvidenceDispositional HearingSuspended JudgmentComplianceFoster Care
References
3
Case No. MISSING
Regular Panel Decision
Aug 20, 1990

In re Shaquanna C. Forestdale, Inc.

The natural mother appealed two orders from the Family Court, Kings County, dated August 20, 1990, which terminated her parental rights and committed her children to Forestdale, Inc., and the Commissioner of Social Services of the City of New York. The appeal also reviewed a December 21, 1989, fact-finding order that found the mother permanently neglected her children by failing to plan for their futures. The court affirmed the orders, finding that the petitioning agency, Forestdale, Inc., made diligent efforts to strengthen the parent-child relationships, including providing visitation, sign-language interpreters, and counseling for the hearing-impaired mother. Expert testimony from the children’s psychotherapists indicated that terminating parental rights was in the children's best interests, as mere contact with the mother would be detrimental to the children's progress in foster care.

Parental Rights TerminationChild NeglectFamily CourtDiligent EffortsBest Interests of ChildrenFoster CareHearing Impaired ParentSocial Services LawPermanent NeglectAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
Oct 31, 1996

In re Josephine O.

This case involves an appeal from an order of the Family Court of Greene County, which granted the petitioner's application to declare the respondent's children permanently neglected and terminated her parental rights. The Greene County Department of Social Services (DSS) initiated the original neglect proceeding after finding the children left unsupervised in an unsanitary home with no edible food. Despite diligent efforts by DSS to reunite the family, including providing parenting classes, a parent aide, and substance abuse treatment recommendations, the respondent failed to cooperate, missing numerous appointments and failing to address her issues. The appellate court affirmed the Family Court's decision, concluding that DSS fulfilled its statutory duty and that the respondent failed to plan for her children's future, thereby supporting the termination of her parental rights.

Parental RightsPermanent NeglectDiligent EffortsFamily ReunificationSubstance AbuseParenting SkillsChild WelfareGreene CountyAppellate DecisionSocial Services Law
References
4
Case No. MISSING
Regular Panel Decision

In re Nahia M.

The respondent appealed a Family Court order from Tompkins County, entered June 21, 2006, which terminated her parental rights to her two older sons, Nahia M. and Nary an M., following a finding of permanent neglect. The appellate court affirmed the decision, finding that the petitioner made diligent efforts to strengthen the parent-child relationship by providing various services, including parenting classes, counseling, and supervised visitation, and appropriately considered the respondent's medical condition. The court also determined that the respondent failed to realistically plan for the children's future, as evidenced by her inconsistent involvement in their care and special education. Ultimately, the appellate panel concluded that termination of parental rights served the children's best interests, given their special needs, extensive time in foster care, and the foster mother's desire to adopt.

Parental Rights TerminationPermanent NeglectDiligent EffortsSpecial Needs ChildrenFamily Court AppealSocial Services LawBest Interests of the ChildFoster CareMedical ConditionVisitation
References
7
Case No. MISSING
Regular Panel Decision

In re Evelyn B.

The petitioner initiated proceedings to terminate the parental rights of the respondent, mother of Evelyn B., alleging mental illness or retardation after Evelyn B. was adjudicated neglected. The Family Court, Clinton County, terminated parental rights, relying on testimony from a court-appointed clinical psychologist who diagnosed the respondent with an untreatable learning disorder and mixed personality disorder, rendering her unable to provide proper care. The respondent appealed, presenting testimony from her treating therapist suggesting potential improvement. The appellate court affirmed the Family Court's decision, finding clear and convincing evidence supporting the termination due to the respondent's mental illness and upholding the Family Court's discretion in crediting the court-appointed psychologist over the respondent's therapist, whose expert qualification was also appropriately denied.

Parental Rights TerminationMental IllnessChild NeglectFamily LawAppellate ReviewClinical PsychologyForensic EvaluationPersonality DisorderLearning DisorderExpert Witness Credibility
References
6
Case No. MISSING
Regular Panel Decision
Jan 08, 2008

In re Jacob WW.

This appeal concerns the termination of a mother's parental rights due to abandonment of her three children. The children were placed in foster care, and despite attempts by a caseworker to facilitate contact, the mother failed to visit or communicate with her children or the agency for the statutory six-month period. Although the mother's mother arranged a few brief family gatherings, the appellate court affirmed the Family Court's finding that these sporadic contacts were insufficient to prevent a finding of abandonment. The court also noted the children's positive adjustment to foster care and the foster parents' desire to adopt, supporting the termination of parental rights.

Parental Rights TerminationChild AbandonmentFoster Care PlacementFamily Court AppealSchuyler CountySocial Services Law § 384-bVisitation RightsDue DiligenceClear and Convincing EvidenceAppellate Division
References
7
Case No. MISSING
Regular Panel Decision

In re the Commitment of Star A.

This dissenting opinion addresses a petition to terminate a respondent mother's parental rights, brought on grounds of permanent neglect and mental illness, though the agency proceeded solely on permanent neglect. The Family Court dismissed the petition, finding the agency failed to make diligent efforts. The dissenting judge argues that the Family Court's decision should be reversed, asserting the agency's efforts were reasonable given the mother's extreme non-cooperation. The mother consistently failed to maintain contact, plan for her children, attend scheduled visits, and keep psychiatric appointments, frustrating the agency's attempts to strengthen the parental relationship. The judge concludes that terminating parental rights is necessary for the children's best interests and their chance at a normal childhood.

Parental RightsPermanent NeglectDiligent EffortsSocial Services LawBest Interests of ChildFoster CareParental Non-CooperationFamily Court DecisionAppellate DissentChild Welfare
References
2
Case No. MISSING
Regular Panel Decision

In re Aniya L.

This appeal concerns two Family Court orders that adjudicated respondent's children as permanently neglected and terminated her parental rights. The respondent, the mother of two children, challenged the Family Court's findings and decisions on several grounds. The appellate court found no error in the Family Court's procedural rulings concerning the attorney for the children. It also concluded that the petitioner diligently worked to strengthen the family bond, providing various services tailored to the respondent's mental health issues, parenting deficiencies, and unstable housing. Ultimately, the court upheld the termination of parental rights, determining that the respondent failed to adequately plan for her children's future and that termination was in the children's best interests, given their stable preadoptive foster home.

Parental Rights TerminationPermanent NeglectDiligent EffortsBest Interests of ChildrenFamily Court ProcedureAttorney for Child RoleMental Health IssuesParenting SkillsDomestic Violence ConcernsUnstable Housing
References
19
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