Appellate Division of the Supreme Court of New York, 2002

In re Chanelle H.

In re Chanelle H.
Appellate Division of the Supreme Court of New York · Decided September 26, 2002
297 A.D.2d 611; 747 N.Y.2d 363; 747 N.Y.S.2d 363; 2002 N.Y. App. Div. LEXIS 8811
In re Chanelle H.

Opinion of the Court

Clear and convincing evidence supports the findings that the petitioner agency made diligent efforts to strengthen respondent’s relationship with the child, but that respondent failed to complete a drug rehabilitation program, and otherwise failed to plan for the child’s future (see Matter of Louis Jaybee J., 294 AD2d 285). A preponderance of the evidence supports the finding that the child’s best interests would be served by freeing her for adoption by the foster mother (see Matter of Star Leslie W., 63 NY2d 136, 147-148). Under the circumstances of this case, respondent’s enrollment in a drug rehabilitation program at the time of the dispositional hearing did not warrant a suspended judgment. Concur — Nardelli, J.P., Saxe, Ellerin, Rubin and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.