In re Joshua T.

Appellate Division of the Supreme Court of New York

In re Joshua T.

294 A.D.2d 314, 742 N.Y.S.2d 536, 2002 N.Y. App. Div. LEXIS 5595

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

DecidedMay 30, 2002

StatusPublished

Cited by2 cases

This text of 294 A.D.2d 314 (In re Joshua T.) 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 T., 294 A.D.2d 314, 742 N.Y.S.2d 536, 2002 N.Y. App. Div. LEXIS 5595 (N.Y. Ct. App. 2002).

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Opinion

—Order of disposition, Family Court, Bronx County (Gloria Sosa-Lintner, J.), entered on or about March 16, 1998, terminating respondent’s parental rights to the subject child upon a finding of neglect, and transferring the child’s guardianship and custody to the Commissioner of Social Services and petitioner agency for the purposes of adoption, unanimously affirmed, without costs.

In a Family Court proceeding which has inexplicitly taken nine years of an innocent young child’s life to bring to this point, the finding of permanent neglect is supported by clear and convincing evidence of infrequent visits by respondent with the child despite diligent efforts by the agency to schedule and encourage frequent visits, and of respondent’s failure to undergo a drug screen and complete a parenting skills course despite referrals by the agency (Social Services Law § 384-b [7] [a], [b]; see, Matter of Brooke Louise H., 158 AD2d 425). The finding that termination of respondent’s parental rights is in the child’s best interests is supported by evidence of a positive relationship between the child and his foster family, and by respondent’s repeated failure to attend scheduled hearings and [315]*315stay in. contact with his attorney, and continuing failure to regularly visit the child. Concur—Buckley, J.P., Rosenberger, Lerner, Rubin and Marlow, JJ.

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—Order of disposition, Family Court, Bronx County (Gloria Sosa-Lintner, J.), entered on or about March 16, 1998, terminating respondent’s parental rights to the subject child upon a finding of neglect, and transferring the child’s guardianship and custody to the Commissioner of Social Services and petitioner agency for the purposes of adoption, unanimously affirmed, without costs.

In a Family Court proceeding which has inexplicitly taken nine years of an innocent young child’s life to bring to this point, the finding of permanent neglect is supported by clear and convincing evidence of infrequent visits by respondent with the child despite diligent efforts by the agency to schedule and encourage frequent visits, and of respondent’s failure to undergo a drug screen and complete a parenting skills course despite referrals by the agency (Social Services Law § 384-b [7] [a], [b]; see, Matter of Brooke Louise H., 158 AD2d 425). The finding that termination of respondent’s parental rights is in the child’s best interests is supported by evidence of a positive relationship between the child and his foster family, and by respondent’s repeated failure to attend scheduled hearings and [315]*315stay in. contact with his attorney, and continuing failure to regularly visit the child. Concur—Buckley, J.P., Rosenberger, Lerner, Rubin and Marlow, JJ.

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Bluebook (online)

294 A.D.2d 314, 742 N.Y.S.2d 536, 2002 N.Y. App. Div. LEXIS 5595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joshua-t-nyappdiv-2002.

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