In re Everett H.

129 A.D.3d 1123, 10 N.Y.S.3d 676

This text of 129 A.D.3d 1123 (In re Everett 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 Everett H., 129 A.D.3d 1123, 10 N.Y.S.3d 676 (N.Y. Ct. App. 2015).

Opinion

Lynch, J.

Appeal from an order of the Family Court of Fulton County (Skoda, J.), entered November 12, 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 suspended judgment for a period of one year.

Respondent is the mother of a child born in 2004. In September 2010, petitioner filed a neglect petition against re[1124]*1124spondent, alleging, among other things, that she was not able to provide a stable home environment or to address the child’s mental health needs. The petition also alleged that respondent threatened to harm herself or the child if the child was not removed from her care. The child was temporarily removed pursuant to a September 2010 Family Court order and has remained in petitioner’s custody since that time. Pursuant to a June 2011 order, the child was deemed to be neglected and Family Court imposed certain conditions for respondent to follow during the pendency of the child’s placement, including directives that she attend supervised visitation and mental health counseling with the child and parenting skills classes, and that she follow through with mental health treatment recommended for her by Mary O’Connor, a clinical psychologist retained to evaluate respondent following the September 2010 petition. In February 2013, petitioner commenced this proceeding and, after a fact-finding hearing held over four days from May 2013 to August 2013, Family Court determined that respondent had permanently neglected the child. In November 2013, after a dispositional hearing, Family Court, upon the consent of the parties and the attorney for the child, suspended judgment for a term of one year. Respondent now appeals and we affirm.

Initially, we reject petitioner’s claim that the appeal is moot because Family Court issued a suspended judgment, which is a disposition intended “to provide a parent who has been found to have permanently neglected his or her child with a brief grace period within which to become a fit parent with whom the child can be safely reunited” (Matter of Clifton ZZ. [Latrice ZZ.], 75 AD3d 683, 683 [2010] [internal quotation marks and citation omitted]). Unfortunately, no party appeared at oral argument or otherwise updated the Court as to the child’s welfare during the grace period.

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Cite This Page — Counsel Stack

Bluebook (online)
129 A.D.3d 1123, 10 N.Y.S.3d 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-everett-h-nyappdiv-2015.