In re Jessica P.

Appellate Division of the Supreme Court of New York

In re Jessica P.

291 A.D.2d 935, 737 N.Y.S.2d 901, 2002 N.Y. App. Div. LEXIS 1141

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

DecidedFebruary 1, 2002

StatusPublished

Cited by4 cases

This text of 291 A.D.2d 935 (In re Jessica P.) 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 Jessica P., 291 A.D.2d 935, 737 N.Y.S.2d 901, 2002 N.Y. App. Div. LEXIS 1141 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Appeal from an order of Family Court, Wyoming County (Dadd, J.), entered August 10, 2000, which, inter alia, terminated respondent’s parental rights.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court’s determination that respondent permanently neglected her children is supported by clear and convincing evidence. The record establishes that, despite petitioner’s diligent efforts to encourage and strengthen the parental relationship, respondent failed substantially and continuously to plan for the future of the children (see, Social Services Law § 384-b [7] [a]). Petitioner developed a service plan for respondent, but she refused to attend some of the programs set forth in the plan and her attendance at the other programs set forth in the plan was sporadic. “Because she failed to make any progress in overcoming the problems that initially endangered the children and continued to prevent their safe return, the court properly found that respondent was unable to make an adequate plan for her children’s future” (Matter of Rebecca D., 222 AD2d 1092, 1092). The record supports the court’s further determination that the termination of respondent’s rights and transfer of the custody and guardianship of the children to petitioner is in the children’s best interests (see, Matter of Star Leslie W., 63 NY2d 136, 147-148). Present — Hayes, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from an order of Family Court, Wyoming County (Dadd, J.), entered August 10, 2000, which, inter alia, terminated respondent’s parental rights.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court’s determination that respondent permanently neglected her children is supported by clear and convincing evidence. The record establishes that, despite petitioner’s diligent efforts to encourage and strengthen the parental relationship, respondent failed substantially and continuously to plan for the future of the children (see, Social Services Law § 384-b [7] [a]). Petitioner developed a service plan for respondent, but she refused to attend some of the programs set forth in the plan and her attendance at the other programs set forth in the plan was sporadic. “Because she failed to make any progress in overcoming the problems that initially endangered the children and continued to prevent their safe return, the court properly found that respondent was unable to make an adequate plan for her children’s future” (Matter of Rebecca D., 222 AD2d 1092, 1092). The record supports the court’s further determination that the termination of respondent’s rights and transfer of the custody and guardianship of the children to petitioner is in the children’s best interests (see, Matter of Star Leslie W., 63 NY2d 136, 147-148). Present — Hayes, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

291 A.D.2d 935, 737 N.Y.S.2d 901, 2002 N.Y. App. Div. LEXIS 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jessica-p-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack