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Matter of David J

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 1999
260 A.D.2d 279 (N.Y. App. Div. 1999)

Opinion

April 22, 1999

Appeal from the Family Court, New York County (Leah Marks, J.).


The finding of permanent neglect is supported by clear and convincing evidence of respondent's repeated drug use, which required the child's placement in foster care from the time he was three weeks old, and has continued despite petitioner's diligent efforts to help respondent deal with it ( see, Social Services Law § 384-b [c]; Matter of Selathia Nicole F., 243 A.D.2d 400, lv denied 91 N.Y.2d 806; Matter of Lameek L., 226 A.D.2d 464). The finding that termination of respondent's parental rights is in the child's best interests is supported by respondent's admitted relapse during the period of the suspended judgment, and a fair preponderance of the evidence showing, among other things, that the child's foster sister has been providing quality care for him since the foster mother's illness and death. The evidence further shows that the foster sister is a responsible adult with a promising career who loves the child, wants to adopt him, and, in the latter regard, has the support of petitioner, the law guardian and the child's therapist. As Family Court put it, the child has waited long enough and should not have to wait any longer for respondent's rehabilitation and a permanent home ( see, Matter of A. Children, 236 A.D.2d 271, 272).

Concur — Nardelli, J. P., Williams, Tom, Rubin and Friedman, JJ.


Summaries of

Matter of David J

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 1999
260 A.D.2d 279 (N.Y. App. Div. 1999)
Case details for

Matter of David J

Case Details

Full title:IN THE MATTER OF DAVID J., a Child Alleged to be Permanently Neglected…

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

Date published: Apr 22, 1999

Citations

260 A.D.2d 279 (N.Y. App. Div. 1999)
688 N.Y.S.2d 543

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