From Casetext: Smarter Legal Research

Matter of Victoria

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1992
185 A.D.2d 811 (N.Y. App. Div. 1992)

Opinion

August 3, 1992

Appeal from the Family Court, Westchester County (Tolbert, J.).


Ordered that the orders are affirmed, without costs or disbursements.

The evidence adduced at the dispositional hearing supports the court's determination that the best interests of the children would be served by a termination of the mother's parental rights. At the fact-finding hearing, the mother admitted that, during the period of June 1987 through July 1988, she had failed to plan for the future of her children, despite her physical and financial ability to do so. In addition, the mother admitted that during that same period, she had failed to utilize the alcohol rehabilitative services made available by the Westchester County Department of Social Services. Such an admission is sufficient to support the termination of the mother's parental rights for permanent neglect (see, Matter of Star Leslie W., 63 N.Y.2d 136). The mother's subsequent sporadic visits with her children were insufficient to establish that she had developed a plan for her children's future (see, Matter of Star Leslie W., supra). Further, since the evidence at the dispositional hearing established that the mother had not made any progress in overcoming her problem with alcohol or her ability to tolerate regular visits with her children, we agree with the court's determination that the termination of parental rights, as opposed to prolonged foster care, was in the children's best interest.

Finally, in light of the mother's "unexcused, unexplained, and persistent lack of cooperation" in appearing for court dates, we find that the court did not err when it conducted the dispositional hearing in the mother's absence (see, Matter of Kawaun Sharleke W., 121 A.D.2d 729). Balletta, J.P., O'Brien, Ritter and Copertino, JJ., concur.


Summaries of

Matter of Victoria

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1992
185 A.D.2d 811 (N.Y. App. Div. 1992)
Case details for

Matter of Victoria

Case Details

Full title:In the Matter of VICTORIA B. and Another, Children Alleged to be…

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

Date published: Aug 3, 1992

Citations

185 A.D.2d 811 (N.Y. App. Div. 1992)
586 N.Y.S.2d 639

Citing Cases

Matter of St. Vincent's Serv., Inc. v. Jean

However, the mother had recurring bouts of alcoholism and her attendance at the prearranged visits with the…

Matter of Sonya

Furthermore, termination of the appellant's parental rights was in the child's best interest, given the…