From Casetext: Smarter Legal Research

In re Guardianship, Samantha C

Appellate Division of the Supreme Court of New York, First Department
May 8, 2003
305 A.D.2d 167 (N.Y. App. Div. 2003)

Opinion

1086

May 8, 2003.

Order of disposition, Family Court, Bronx County (Allen Alpert, J.), entered on or about March 1, 2002, which, upon findings of permanent neglect, terminated the respondents' parental rights with respect to the subject child and committed custody and guardianship of the child to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Marcia Egger, Randall Carmel, George E. Reed, Jr., for respondents-appellants.

Ira L. Eras, for petitioner-respondent.

Before: Buckley, P.J., Nardelli, Sullivan, Rosenberger, Wallach, JJ.


Clear and convincing evidence, including the testimony of the caseworker assigned to the case during the statutorily relevant period and petitioner agency's case record, supports Family Court's finding that, respondents, by failing to attend a therapeutic program whose completion was deemed essential to their resumption of custodial parenting responsibilities, failed to plan for, and thus permanently neglected, the child ( see Social Services Law § 384-b; Matter of Nathaniel T., 67 N.Y.2d 838, 840). Respondents' denial of their need for therapeutic intervention rendered the agency's diligent efforts unavailing ( see Matter of Sheila G., 61 N.Y.2d 368, 385).

There was ample support for Family Court's finding that termination of respondents' parental rights so as to facilitate the adoptive process was in the child's best interests (see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).

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


Summaries of

In re Guardianship, Samantha C

Appellate Division of the Supreme Court of New York, First Department
May 8, 2003
305 A.D.2d 167 (N.Y. App. Div. 2003)
Case details for

In re Guardianship, Samantha C

Case Details

Full title:IN RE GUARDIANSHIP, ETC., SAMANTHA C., ETC., A DEPENDENT CHILD UNDER THE…

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

Date published: May 8, 2003

Citations

305 A.D.2d 167 (N.Y. App. Div. 2003)
757 N.Y.S.2d 849

Citing Cases

Jamel C.M. v. Saint Dominic's Home (In re Shaquel A.M.)

Moreover, he refused to submit to drug tests. Respondent was uncooperative and failed to accept that his…