In re Chanelle H.

Appellate Division of the Supreme Court of New York

In re Chanelle H.

297 A.D.2d 611, 747 N.Y.2d 363, 747 N.Y.S.2d 363, 2002 N.Y. App. Div. LEXIS 8811

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 26, 2002

StatusPublished

This text of 297 A.D.2d 611 (In re Chanelle H.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Chanelle H., 297 A.D.2d 611, 747 N.Y.2d 363, 747 N.Y.S.2d 363, 2002 N.Y. App. Div. LEXIS 8811 (N.Y. Ct. App. 2002).

Pincite

Opinion

Clear and convincing evidence supports the findings that the petitioner agency made diligent efforts to strengthen respondent’s relationship with the child, but that respondent failed to complete a drug rehabilitation program, and otherwise failed to plan for the child’s future (see Matter of Louis Jaybee J., 294 AD2d 285). A preponderance of the evidence supports the finding that the child’s best interests would be served by freeing her for adoption by the foster mother (see Matter of Star Leslie W., 63 NY2d 136, 147-148). Under the circumstances of this case, respondent’s enrollment in a drug rehabilitation program at the time of the dispositional hearing did not warrant a suspended judgment. Concur — Nardelli, J.P., Saxe, Ellerin, Rubin and Friedman, JJ.

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Clear and convincing evidence supports the findings that the petitioner agency made diligent efforts to strengthen respondent’s relationship with the child, but that respondent failed to complete a drug rehabilitation program, and otherwise failed to plan for the child’s future (see Matter of Louis Jaybee J., 294 AD2d 285). A preponderance of the evidence supports the finding that the child’s best interests would be served by freeing her for adoption by the foster mother (see Matter of Star Leslie W., 63 NY2d 136, 147-148). Under the circumstances of this case, respondent’s enrollment in a drug rehabilitation program at the time of the dispositional hearing did not warrant a suspended judgment. Concur — Nardelli, J.P., Saxe, Ellerin, Rubin and Friedman, JJ.

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Bluebook (online)

297 A.D.2d 611, 747 N.Y.2d 363, 747 N.Y.S.2d 363, 2002 N.Y. App. Div. LEXIS 8811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chanelle-h-nyappdiv-2002.

Opinion

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