In re Madalynn I.
Opinion of the Court
Appeal from an order of the Family Court of Tompkins County (Rowley, J.), entered January 9, 2013, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate the subject child to be permanently neglected, and terminated respondent’s parental rights.
In June 2012, petitioner commenced this proceeding alleging that respondent permanently neglected Madalynn by, among other things, “fail[ing] to demonstrate the ability to assume responsibility for the care of the child or develop an alternative plan for the permanent care of the child.”
The factual context of this case is undisputed and respondent’s sole contention on appeal is that Family Court should have issued a suspended judgment in lieu of terminating her parental rights. “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[ ]” (Matter of Crystal JJ. [Sarah KK.], 85 AD3d 1262, 1264 [2011], lv denied 17 NY3d 711 [2011] [internal quotation marks and citations omitted]; see Family Ct Act § 631 [b]; Matter of Nevaeh SS. [Valerie L.], 68 AD3d 1188, 1189 [2009]). “The singular 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 Kellcie NN. [Sarah NN.], 85 AD3d 1251, 1252 [2011] [internal quotation marks and citation omitted]; accord Matter of Anastasia FF., 66 AD3d 1185, 1186 [2009], lv denied 13 NY3d 716 [2010]; see Family Ct Act § 631; Matter of Nevaeh SS. [Valerie L.], 68 AD3d at 1189).
Based upon the record as a whole, we cannot say that Family Court abused its discretion in terminating respondent’s parental rights (see Matter of Angelina BB. [Miguel BB.], 90 AD3d 1196,
Significantly, Madalynn is in the preadoptive foster home where she has resided since she was seven months old. She has formed a strong bond with her foster parents and her biological sister, who has already been adopted by them. There is no doubt that Madalynn is thriving in the care of her foster parents, who are providing her with a loving and stable home (see Matter of Alysheionna HH. [Tara II.], 101 AD3d 1413, 1415 [2012], lv denied 20 NY3d 861 [2013]; Matter of Neal TT. [Deborah UU.], 97 AD3d 869, 871 [2012]). Under these circumstances and according deference to Family Court (see Matter of James J. [James K.], 97 AD3d 936, 939 [2012]; Matter of Kellcie NN. [Sarah NN.], 85 AD3d at 1252), we find that, despite the significant and commendable progress made by respondent, there is a sound and substantial basis in the record to support Family Court’s conclusion that termination of respondent’s parental rights was in Madalynn’s best interests, and we decline to disturb it (see Matter of Chorus SS. [Elatisha SS.], 93 AD3d 1097, 1099 [2012], lv denied 19 NY3d 807 [2012]; Matter of Shania D. [Peggy E.], 82 AD3d 1513, 1514 [2011]; Matter of Nevaeh SS. [Valerie L.], 68 AD3d at 1189-1190).
Rose, J.R, McCarthy and Garry, JJ., concur. Ordered that the order is affirmed, without costs.
A separate permanent neglect petition was filed against the children’s father. The father made admissions, was found to have permanently neglected Madalynn and his parental rights were terminated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.