In re Kayla KK.
Opinion of the Court
Eetitioner filed an emergency petition seeking the removal of Kayla KK. from respondent’s care soon after she had given birth to Kayla in 2007 on the grounds that a prior finding had been entered that respondent had neglected another daughter and that respondent continued to remain in an abusive relation
Respondent does not dispute the finding that she permanently neglected Kayla. Her only contention is that Family Court, instead of immediately terminating her parental rights, should have issued a suspended judgment to give her another opportunity to develop her parental skills so that she could ultimately be reunited with Kayla. A suspended judgment may be issued if it is in the best interests of the child to allow the parent additional time to improve parenting skills and demonstrate his or her fitness to care for the child (see Family Ct Act § 631 [b]; Matter of Carlos R., 63 AD3d 1243, 1246 [2009], lv denied 13 NY3d 704 [2009]; Matter of Faith R., 56 AD 3d 982, 984 [2008]; Matter of Isaiah F., 55 AD3d 1004, 1006 [2008]; Matter of Angelica VV., 53 AD3d 732, 733 [2008]; Matter of Raine QQ., 51 AD3d 1106, 1106-1107 [2008], lv denied 10 NY3d 717 [2008]; Matter of Joshua BB., 27 AD3d 867, 869 [2006]). Here, although regularly visiting and interacting appropriately with Kayla while she was in petitioner’s charge, respondent has not, as found by Family Court, made measurable progress in addressing the parental deficiencies that put Kayla at risk and led to the child’s removal from her care. In fact, as Family Court aptly noted, there was simply no indication from the evidence presented during the hearings that respondent could ever “cope with day-to-day parenting.” In that regard, during the two years that Kayla has been in petitioner’s care, respondent, despite being provided with a myriad of services designed to address the difficulties that she routinely encountered as a parent, has made little appreciable progress in developing or improving her skills as a parent. In addition, her residence has often been found to be in an unsanitary condition due, in part, to respondent’s failure to properly care for pets that she insists on keeping on the premises. The apartment, as a result, is often in such a state of disarray that it is not a suitable abode for a young child.
Peters, J.P, Rose, Kane and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.
. Respondent has four children: three daughters, the oldest of whom was previously freed for adoption, and a son, who now lives with his paternal grandparents.
. Kayla’s father voluntarily surrendered his parental rights on July 14, 2008.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.