In re Dorian McC.

Appellate Division of the Supreme Court of New York

In re Dorian McC.

16 A.D.3d 216, 790 N.Y.S.2d 869, 2005 N.Y. App. Div. LEXIS 2492

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

DecidedMarch 15, 2005

StatusPublished

This text of 16 A.D.3d 216 (In re Dorian McC.) 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 Dorian McC., 16 A.D.3d 216, 790 N.Y.S.2d 869, 2005 N.Y. App. Div. LEXIS 2492 (N.Y. Ct. App. 2005).

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Opinion

Orders, Family Court, Bronx County (Maureen McCleod, J.), entered on or about December 18, 2002, which, upon findings of [217]*217permanent neglect, terminated respondent’s parental rights with respect to the subject children and transferred custody and guardianship of the children to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

The court’s findings of permanent neglect were supported by clear and convincing evidence that, despite the diligent efforts of the agency to encourage and strengthen the relationship between respondent and the subject children, respondent did not within the statutorily relevant period maintain meaningful contact with the children or plan for their future (see Social Services Law § 384-b [7] [a]).

The evidence at the dispositional hearing was preponderant (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]) that the best interests of the children would be served by terminating respondent’s parental rights. Respondent had no viable plan for the children’s return, and it was plain that freeing the children for adoption by their foster mother would afford them the best chance for a permanent and stable family in which their special medical and developmental needs would be met (see id.). Concur—Tom, J.P., Marlow, Sullivan, Nardelli and Williams, JJ.

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Orders, Family Court, Bronx County (Maureen McCleod, J.), entered on or about December 18, 2002, which, upon findings of [217]*217permanent neglect, terminated respondent’s parental rights with respect to the subject children and transferred custody and guardianship of the children to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

The court’s findings of permanent neglect were supported by clear and convincing evidence that, despite the diligent efforts of the agency to encourage and strengthen the relationship between respondent and the subject children, respondent did not within the statutorily relevant period maintain meaningful contact with the children or plan for their future (see Social Services Law § 384-b [7] [a]).

The evidence at the dispositional hearing was preponderant (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]) that the best interests of the children would be served by terminating respondent’s parental rights. Respondent had no viable plan for the children’s return, and it was plain that freeing the children for adoption by their foster mother would afford them the best chance for a permanent and stable family in which their special medical and developmental needs would be met (see id.). Concur—Tom, J.P., Marlow, Sullivan, Nardelli and Williams, JJ.

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Bluebook (online)

16 A.D.3d 216, 790 N.Y.S.2d 869, 2005 N.Y. App. Div. LEXIS 2492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dorian-mcc-nyappdiv-2005.

Opinion

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