In re Juliette JJ.
Opinion of the Court
Appeals from two orders of the Family Court of Schenectady County (Assini, J.), entered October 28, 2009 and March 12, 2010, which, among other things, granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate Juliette JJ. to be a permanently neglected child, and terminated respondent’s parental rights.
Respondent and his wife are the parents of Juliette JJ. (hereinafter the child). The child was removed from her parents’ care shortly after her birth in 2001 because respondent was allegedly allowing the wife, who has been diagnosed with schizophrenia, to care for her. The child was thereafter returned to her parents’ care but then again removed in October 2006. Respondent consented to a finding of neglect, and care and custody of the child by petitioner was continued. In August 2008, petitioner commenced separate permanent neglect proceedings seeking termination of both parents’ parental rights. Following a fact-finding hearing, Family Court found that respondent had permanently neglected the child and, after a dispositional hearing, terminated his parental rights.
To demonstrate permanent neglect, petitioner was required to show by clear and convincing evidence, as relevant here, that respondent “failed to plan for the child’s future for a period of one year after the child was removed from his . . . care, although physically and financially able to do so” (Matter of Audrey I, 57 AD3d 1172, 1173 [2008], lv denied 12 NY3d 704 [2009]; see Social Services Law § 384-b [7]; Matter of Melissa DD., 45 AD3d 1219, 1220 [2007], lv denied 10 NY3d 701 [2008]).
Although respondent participated in numerous services
The testimony further revealed that respondent’s own mental health issues negatively affect his ability to provide a safe, stable home for the child. According to the psychologist, these include obsessive compulsive disorder and anxiety so severe that respondent is unable to provide the child with adequate care and supervision. The psychologist testified that the child suffers from significant developmental delays which he opined were caused by her chaotic early upbringing in respondent’s home. Respondent minimized these problems. He insisted that the child improved after she was placed in foster care only because she grew older, and he consistently failed to attend special education meetings or arrived too late to participate. Although respondent expressed sincere wishes for the child’s return, he was unable to articulate any plans for such an eventuality beyond making sure that she was not left alone with his wife. Accordingly, clear and convincing evidence demonstrates that respondent permanently neglected the child by failing to make realistic plans for her future (see Matter of Nahia M., 39 AD3d 918, 920-921 [2007]).
Finally, respondent contends that his parental rights should not have been terminated. “Following an adjudication of permanent neglect, the sole concern ... is the best interests of the child and there is no presumption that any particular disposition, including the return of a child to a parent, promotes such interests” (Matter of Angelica VV., 53 AD3d 732, 733 [2008]
Mercure, J.P., Spain, Rose and Lahtinen, JJ., concur. Ordered that the orders are affirmed, without costs.
. Respondent’s wife was found to have permanently neglected the child and her parental rights were terminated on the basis of her severe and uncontrolled mental illness.
. Respondent does not challenge Family Court’s threshold determination that petitioner made the requisite “diligent efforts to encourage and strengthen [his] relationship” with the child (Matter of Lawrence KK. [Lawrence LL.], 72 AD3d 1233, 1234 [2010], lv denied 14 NY3d 713 [2010] [internal quotation marks and citations omitted]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.