In re Isaiah F.
Opinion of the Court
Appeal from an order of the Family Court of Cortland County (Campbell, J.), entered December 3, 2007, which granted petitioner’s applications, in two proceedings pursuant to Social Services Law § 384-b, to adjudicate respondent’s children to be permanently neglected, and terminated respondent’s parental rights.
In May 2007, these permanent neglect proceedings were commenced against respondent regarding two of her children, Isaiah F. (born in 2002) and Cellia F. (born in 2004).
We reject respondent’s assertion that petitioner failed to make diligent efforts to reunite her with her children as required by Social Services Law § 384-b (7) (a) (see Matter of George M., 48 AD3d 926, 927 [2008]; Matter of Raena O., 31 AD3d 946, 947
Respondent further contends that petitioner failed to establish by clear and convincing evidence that she permanently neglected her children. As petitioner has demonstrated that it made diligent efforts to support the family relationship, it became respondent’s obligation to show that her problems had been addressed and that she had a meaningful plan for the children’s future (see Social Services Law § 384-b [7] [a]; Matter of George M., 48 AD3d at 927; Matter of James X., 37 AD3d 1003, 1006 [2007]). The evidence revealed that respondent failed to address the problems which led to the children’s initial removal. Isaiah and Cellia were first adjudicated neglected and removed from respondent’s home in July 2005. They were returned thereafter but, due to respondent’s violation of court orders, they were again removed from October 2005 to December 2005 and also in May 2006, after which they remained in foster care for the duration of these proceedings. From July 2005 to May 2007, respondent failed to consistently keep her home in a hazard-free state, including leaving broken glass and drain cleaner accessible to the children. Moreover, despite Isaiah’s severe dental problems due to decayed teeth, which were assertively being addressed by his foster parents, respondent gave him soda during visitation and did not consider this practice problematic. This conduct was indicative of her inconsistency in addressing the children’s medical and dental needs. Respondent herself had been diagnosed with major depressive disorder and alcohol dependency, yet repeatedly failed to complete mental health and substance abuse counseling in violation of multiple Family Court orders.
To her credit, for a brief period in early 2007, she was largely
Finally, respondent claims that Family Court should not have terminated her parental rights, but rather should have entered a suspended judgment. We disagree. To be sure, Family Court may suspend judgment in a termination proceeding where it is in the children’s best interests to give the parent a second chance to “demonstrate the ability to be a fit parent” (Matter of Angela LL., 287 AD2d 823, 824 [2001]; see Family Ct Act § 631 [b]; § 633; Matter of Jonathan J., 47 AD3d 992, 993 [2008], lv denied 10 NY3d 706 [2008]). The evidence presented at this dispositional hearing, however, did not support such an outcome. Rather, it showed that respondent did not have a stable home or employment and that, because she had been discharged for nonattendance from both substance abuse and mental health counseling, she was no longer eligible to receive public assistance for housing and other services. According appropriate deference to the court’s choice of dispositional alternatives (see Matter of James X., 37 AD3d at 1007), we find a sound and substantial basis in the record for Family Court’s determination that a suspended judgment was not in these children’s best
Cardona, EJ., Rose, Kavanagh and Stein, JJ., concur. Ordered that the order is affirmed, without costs.
. In a separate decision, this Court affirms an order terminating the father’s parental rights based on abandonment (Matter of Isaiah F., 55 AD3d 1012 [2008] [decided herewith]).
. While Family Court erred when it considered evidence concerning incidents that occurred after the filing of the petition in support of the fact-finding portion of this permanent neglect proceeding, we find it harmless because sufficient admissible facts were evinced at the hearing to support the court’s permanent neglect finding.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.