In re Joseph Albert R.
Cases that cite this one
12 later published cases cite this decision.
- In re Marc David D. (Appellate Division of the Supreme Court of New York 2005)
- Matter of Gabriel B. S.-P. (Anonymous) (Franklin S. (Anonymous)) (Appellate Division of the Supreme Court of New York 2016)
- Matter of Elijah L. Jr. (Elijah L.) (Appellate Division of the Supreme Court of New York 2026)
- Matter of Syiah C.M. (Shatasia C.M.) (Appellate Division of the Supreme Court of New York 2025)
- Matter of Elijah W.L. (Omisa S.C.) (Appellate Division of the Supreme Court of New York 2017)
- In re Jamel Raheem B. (Appellate Division of the Supreme Court of New York 2011)
- In re Christopher C. Forestdale, Inc. (Appellate Division of the Supreme Court of New York 2009)
- In re Raheim E. (Appellate Division of the Supreme Court of New York 2008)
- In re Sean Michael P. (Appellate Division of the Supreme Court of New York 2008)
- In re Olivia L. (Appellate Division of the Supreme Court of New York 2007)
- In re Marie G. (Appellate Division of the Supreme Court of New York 2006)
- Matter of Allen T. (Kings Family Court 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Blass, J.), entered October 22, 2001, which, after fact-finding and dispositional hearings, terminated his parental rights to both children on the grounds of permanent neglect and transferred custody and guardianship rights of both children to the Suffolk County Department of Social Services for the purpose of adoption.
Ordered that the order of fact-finding and disposition is reversed, on the law, without costs and disbursements, the petitions are denied, and the proceedings are dismissed.
In proceedings to terminate parental rights based on permanent neglect, the agency must establish as a threshold matter that it made diligent efforts to encourage and strengthen the parental relationship (see Matter of Sheila G., 61 NY2d 368 [1984]). The diligent efforts must include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems which prevent the discharge of the child into their care, and forming the parents of their child’s progress (see Social Ser
Further, the Family Court erred in failing to grant the father a continuance in order to allow him to present a witness establishing which services the petitioner failed to assist him in obtaining (see Matter of Joy Cynlinda C., 243 AD2d 631 [1997]).
The parties’ remaining contentions either are without merit or academic in light of our determination. Ritter, J.P., Florio, Friedmann and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.