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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
May 27, 1994

In re the Guardianship & Custody of Angela Marie N.

This case concerns an appeal from an order of disposition in Family Court, New York County, which terminated a respondent's parental rights. The termination was based on a finding of mental illness, supported by extensive unrefuted evidence including the respondent's chronic degenerating mental condition, frequent hospitalizations, and failure to adhere to any treatment plan. A court-appointed psychiatrist concluded there was no possibility of improvement in the foreseeable future, confirming the respondent's inability to provide adequate care for her children. The appellate court unanimously affirmed the order, finding clear and convincing evidence for the termination and that the disposition, committing guardianship to the petitioner, was in the children's best interests. Furthermore, the court found no ineffective assistance of counsel, stating that strategic decisions should not be reevaluated with hindsight.

Parental Rights TerminationMental IllnessChild WelfareGuardianshipIneffective Assistance of CounselAppellate ReviewFamily LawBest Interests of the ChildSocial Services Law
References
7
Case No. MISSING
Regular Panel Decision

In re Willard L.

Respondent's two children were removed from his care in 2002 due to incidents of domestic violence, drug use, and violations of protection orders. The petitioner subsequently initiated a proceeding to adjudicate the children as permanently neglected and to terminate respondent's parental rights, which the Family Court granted. On appeal, the court found that the petitioner made diligent efforts to strengthen the parental relationship by offering numerous counseling and treatment opportunities and arranging supervised visitation. However, the respondent failed to plan for his children's future by not correcting the conditions that led to their removal and not benefiting from the services provided due to his unwillingness to change. Considering the history of domestic violence, multiple violations of protection orders, respondent's admitted cocaine possession, arrests, and incarceration, alongside the children's successful placement in foster homes with potential for adoption, the court concluded that terminating respondent's parental rights was in the children's best interests. The order was affirmed.

Parental Rights TerminationPermanent NeglectDomestic ViolenceDrug AbuseOrders of ProtectionChild WelfareFamily Reunification EffortsBest Interests of the ChildAppellate ReviewSocial Services Law
References
13
Case No. MISSING
Regular Panel Decision

Matter of Angelo AA.

This appeal concerns a Family Court order that adjudicated two children, Angelo AA. and Ryan CC., as permanently neglected and terminated respondent's parental rights. The respondent mother appealed this decision, arguing that the petitioner agency failed to make diligent efforts toward reunification. The appellate court found that the petitioner did make diligent efforts, providing services for respondent's aggressive behavior, parenting skills, drug dependency, and domestic violence issues. Despite completing some programs, the respondent continued to struggle with substance abuse, maintaining healthy relationships, and consistent mental health counseling. Consequently, the appellate court affirmed the Family Court's order, concluding that the children were permanently neglected and parental rights were appropriately terminated, also upholding the preclusion of an expert witness.

Parental Rights TerminationPermanent NeglectDiligent EffortsFamily ReunificationSubstance AbuseDomestic ViolenceParenting SkillsMental Health CounselingExpert Witness PreclusionDue Process
References
8
Case No. MISSING
Regular Panel Decision
Dec 03, 1990

In re Mary S.

This is an appeal from an order terminating a father's parental rights to his daughter, Mary S., on the grounds of permanent neglect. The Family Court found the father failed to make diligent efforts to reunite with Mary, citing non-compliance with court-ordered therapy and housing requirements, despite maintaining contact and visitation. Mary S. had a history of neglect, initially placed in foster care in 1986, and was later found to be mildly retarded, eventually bonding with the foster parents who adopted her brother. The appellate court affirmed the Family Court's decision, rejecting claims of an unfair hearing and improper testimony, emphasizing that the Department of Social Services fulfilled its duty and termination was in Mary's best interest. The decision allowed Mary S. to be freed for adoption by her foster parents.

Permanent NeglectParental Rights TerminationChild NeglectFoster CareAdoptionFamily LawSocial ServicesAppellate DecisionChild WelfareDiligent Efforts
References
4
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
Case No. MISSING
Regular Panel Decision
Jul 31, 1996

In re Keisha McL.

This case involves an order of disposition from the Family Court, Bronx County, entered on July 31, 1996. The order placed the subject children with the Commissioner for the Administration of Children’s Services for 12 months and directed their foster care agency to commence a termination of parental rights proceeding. This action was taken based on a fact-finding determination that the respondent had sexually abused two of the children. The children's out-of-court statements regarding the abuse were cross-corroborated by each other and further supported by consistent repetitions to their foster mother, a psychologist, and a social worker. Expert testimony confirmed the children's knowledge of sexual acts and symptomatic behavioral changes. The court inferred that the touching was for sexual gratification due to the absence of an innocent explanation. The order was unanimously affirmed.

Child Sexual AbuseFamily CourtTermination of Parental RightsChild WelfareExpert TestimonyCorroborated StatementsChild Protection ServicesDispositional OrderSexual Gratification InferenceBehavioral Changes
References
4
Case No. MISSING
Regular Panel Decision
Aug 26, 1991

In re Michael W.

This case concerns the affirmance of a Family Court order permanently terminating a respondent's parental rights due to abandonment. The petitioner agency successfully demonstrated by clear and convincing evidence that the respondent failed to contact the child or agency for six months preceding the petition filing, as required by Social Services Law § 384-b (5). The court properly determined that terminating parental rights to allow for adoption by the foster mother was in the child's best interests, based on witness credibility. The respondent's contention for placement with her sister was rejected, with the court noting there is no presumption that a child's interests are best served by returning to a family member.

Parental Rights TerminationChild AbandonmentBest Interests of the ChildFoster Care AdoptionFamily Court JurisdictionAppellate Division ReviewSocial Services LawCredibility AssessmentLack of Contact
References
3
Case No. MISSING
Regular Panel Decision
Nov 02, 2015

Matter of Alexsander N.

This case concerns an appeal from an order of the Family Court of Albany County. Petitioner initiated a permanent neglect proceeding against respondent, the mother of a child, which resulted in a suspended judgment due to respondent's failure to plan for the child's future and non-compliance with mental health treatment. Petitioner later filed a petition alleging respondent violated the suspended judgment by failing to disclose an arrest and subsequent incarceration, which led to missed appointments and visits. The Family Court revoked the suspended judgment and terminated respondent's parental rights. The Appellate Division affirmed the Family Court's decision, finding that respondent failed to comply with the terms of the suspended judgment and that the termination of parental rights was in the child's best interests.

Parental Rights TerminationPermanent NeglectSuspended Judgment ViolationChild WelfareFamily Law AppealNon-compliance with Court OrderBest Interests of ChildMental Health IssuesChild SupervisionAppellate Affirmation
References
7
Case No. MISSING
Regular Panel Decision
Jun 28, 1977

Jewish Child Care Ass'n v. Faye K.

An authorized agency appealed two Family Court orders that dismissed petitions seeking to terminate the parental rights of Faye K. and Samuel K. The original dismissal by the Family Court was based on a review of records, including conflicting medical evaluations regarding the parents' mental health. While some reports indicated chronic psychosis, others suggested remission or potential suitability for child return. The appellate court reversed these orders, concluding that the initial determination lacked sufficient basis. It mandated a more thorough hearing, including testimony from Drs. Borbely and Robins, to properly ascertain the children's best interests. This decision underscored the principle that the State requires extraordinary circumstances to deprive parents of custody, with the children's best interests as the guiding factor.

Parental Rights TerminationChild WelfareFoster CareMental HealthPsychiatric EvaluationFamily LawAppellate ReviewBest Interests of the ChildNeglect PetitionCustody Dispute
References
2
Case No. MISSING
Regular Panel Decision

In re Ryan V.

This case concerns an appeal from a Family Court order in Broome County which terminated a mother's parental rights. The Family Court had previously adjudicated the respondent's two children as permanently neglected due to sexual abuse by her husband and suspended judgment on conditions, including not allowing the husband near the children and becoming a protective ally. The petitioner later sought revocation, alleging the respondent violated the conditions by continuing her relationship with her husband and failing to protect her children. The Family Court found non-compliance and terminated parental rights. The Appellate Court affirmed, ruling that the petitioner met its burden of proof and that a separate dispositional hearing was not required after the violation finding.

Parental RightsPermanent NeglectSuspended JudgmentChild Sexual AbuseFamily CourtAppellate DivisionChild WelfareBroome CountySocial Services LawNon-compliance
References
6
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