In re MercyFirst
Cases that cite this one
3 later published cases cite this decision.
- In re Tyshawn S. Suffolk County Department of Social Services (Appellate Division of the Supreme Court of New York 2016)
- In re Anthony E. (Appellate Division of the Supreme Court of New York 2009)
- In re Portia J. Lakeside Family & Children's Services, Inc. (Appellate Division of the Supreme Court of New York 2007)
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 a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the grounds of permanent neglect and abandonment, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition (one paper) of the Family Court, Queens County (Bogacz, J.), dated November 17, 2004, as, after fact-finding and dispositional hearings, terminated her parental rights upon a finding that she permanently neglected the subject child, and transferred custody and guardianship of the child to the petitioner and the Commissioner of the Administration for Children’s Services of the City of New York for the purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
To terminate parental rights based upon permanent neglect, the petitioning agency must establish, by clear and convincing evidence, that the parent failed, for a period of more than one year following the date the child came into care, “substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so, notwithstanding . . . diligent efforts to encourage and strengthen the parental relationship” (Social Services Law § 384-b [7] [a]; see Matter of Star Leslie W., 63 NY2d 136, 142-
The Family Court properly concluded that termination of parental rights was in the child’s best interest. Moreover, the child, age 16 at the time of the order of fact-finding and disposition, expressed a clear preference not to be reunited with her natural mother (see Social Services Law § 384-b [3] [k]). The child, having bonded with her foster parents, was happy and thriving. Goldstein, J.P., Mastro, Rivera and Lunn, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.