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In re Custody Joshua T

Appellate Division of the Supreme Court of New York, First Department
May 30, 2002
294 A.D.2d 314 (N.Y. App. Div. 2002)

Opinion

1239

May 30, 2002.

Order of disposition, Family Court, Bronx County (Gloria Sosa-Lintner, J.), entered on or about March 16, 1998, terminating respondent's parental rights to the subject child upon a finding of neglect, and transferring the child's guardianship and custody to the Commissioner of Social Services and petitioner agency for the purposes of adoption, unanimously affirmed, without costs.

DAVID A. LORE, for Petitioners-respondents.

DENNIS HOUDEK, for Respondent-appellant.

Buckley, J.P., Rosenberger, Lerner, Rubin, Marlow, JJ.


In a Family Court proceeding which has inexplicitly taken nine years of an innocent young child's life to bring to this point, the finding of permanent neglect is supported by clear and convincing evidence of infrequent visits by respondent with the child despite diligent efforts by the agency to schedule and encourage frequent visits, and of respondent's failure to undergo a drug screen and complete a parenting skills course despite referrals by the agency (Social Services Law § 384-b[a],[b]; see, Matter of Brooke Louise H., 158 A.D.2d 425). The finding that termination of respondent's parental rights is in the child's best interests is supported by evidence of a positive relationship between the child and his foster family, and by respondent's repeated failure to attend scheduled hearings and stay in contact with his attorney, and continuing failure to regularly visit the child.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Custody Joshua T

Appellate Division of the Supreme Court of New York, First Department
May 30, 2002
294 A.D.2d 314 (N.Y. App. Div. 2002)
Case details for

In re Custody Joshua T

Case Details

Full title:IN RE CUSTODY, ETC. OF JOSHUA T., A CHILD UNDER THE AGE OF EIGHTEEN YEARS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 30, 2002

Citations

294 A.D.2d 314 (N.Y. App. Div. 2002)
742 N.Y.S.2d 536

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