In re Joshua R.

Appellate Division of the Supreme Court of New York

In re Joshua R.

237 A.D.2d 226, 655 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 2933

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

DecidedMarch 27, 1997

StatusPublished

Cited by1 cases

This text of 237 A.D.2d 226 (In re Joshua R.) 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 Joshua R., 237 A.D.2d 226, 655 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 2933 (N.Y. Ct. App. 1997).

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Opinion

Order of disposition, Family Court, New York County (Sara Schechter, J.), entered on or about November 8, 1995, terminating respondent’s parental rights and committing custody and guardianship of the subject child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, following a fact-finding determination that respondent had permanently neglected the child, unanimously affirmed, without costs.

Termination of respondent’s parental right was justified by clear and convincing evidence that respondent, who was in violation of her parole from prison when she gave birth to the child, abandoned the child at birth, made no effort to visit or inquire about him until located by the agency in prison five months later, and, despite diligent efforts by the agency, did not complete either a parenting skills class, required by prison policy for visitation with the child to be arranged, or a drug rehabilitation program, although drug addiction and drug offenses were the reason for the child’s foster care placement (Social Services Law § 384-b [7]; see, Matter of Gregory B., 74 NY2d 77). Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.

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Order of disposition, Family Court, New York County (Sara Schechter, J.), entered on or about November 8, 1995, terminating respondent’s parental rights and committing custody and guardianship of the subject child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, following a fact-finding determination that respondent had permanently neglected the child, unanimously affirmed, without costs.

Termination of respondent’s parental right was justified by clear and convincing evidence that respondent, who was in violation of her parole from prison when she gave birth to the child, abandoned the child at birth, made no effort to visit or inquire about him until located by the agency in prison five months later, and, despite diligent efforts by the agency, did not complete either a parenting skills class, required by prison policy for visitation with the child to be arranged, or a drug rehabilitation program, although drug addiction and drug offenses were the reason for the child’s foster care placement (Social Services Law § 384-b [7]; see, Matter of Gregory B., 74 NY2d 77). Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.

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Bluebook (online)

237 A.D.2d 226, 655 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 2933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joshua-r-nyappdiv-1997.

Opinion

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