In re Justin F.

Appellate Division of the Supreme Court of New York

In re Justin F.

247 A.D.2d 924, 668 N.Y.S.2d 538, 1998 N.Y. App. Div. LEXIS 1288

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

DecidedFebruary 4, 1998

StatusPublished

This text of 247 A.D.2d 924 (In re Justin F.) 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 Justin F., 247 A.D.2d 924, 668 N.Y.S.2d 538, 1998 N.Y. App. Div. LEXIS 1288 (N.Y. Ct. App. 1998).

Pincite

Opinion

Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that petitioner failed to make diligent efforts to strengthen and encourage her relationship with her child (see, Social Services Law § 384-b [7] [a], [f]). Petitioner established by clear and convincing evidence that it made “affirmative, repeated, and meaningful efforts” to assist respondent, including reasonable attempts at providing counseling, scheduling regular visitations with the child and providing services to respondent to overcome problems that prevented the discharge of her child into her care (Matter of Sheila G., 61 NY2d 368, 385; see, Social Services Law § 384-b [7] [f]). In spite of those efforts, respondent was uncooperative. We therefore conclude that petitioner fulfilled its duty (see, Matter of Sheila G., supra, at 384-385).

We reject the further contention of respondent that Family Court erred in transferring custody and guardianship of the child to petitioner, rather than ordering a one-year suspended judgment pursuant to Family Court Act § 633 (cf., Matter of Jelissa Ninette O., 233 AD2d 874). Rather, the record supports the court’s determination that the best interests of the child would be promoted by transferring his guardianship and custody to petitioner (see, Matter of Star Leslie W., 63 NY2d 136). (Appeal from Order of Chautauqua County Family Court, Hartley, J. — Terminate Parental Rights.)

Present — Green, J. P., Lawton, Wisner, Callahan and Fallon, JJ.

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

Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that petitioner failed to make diligent efforts to strengthen and encourage her relationship with her child (see, Social Services Law § 384-b [7] [a], [f]). Petitioner established by clear and convincing evidence that it made “affirmative, repeated, and meaningful efforts” to assist respondent, including reasonable attempts at providing counseling, scheduling regular visitations with the child and providing services to respondent to overcome problems that prevented the discharge of her child into her care (Matter of Sheila G., 61 NY2d 368, 385; see, Social Services Law § 384-b [7] [f]). In spite of those efforts, respondent was uncooperative. We therefore conclude that petitioner fulfilled its duty (see, Matter of Sheila G., supra, at 384-385).

We reject the further contention of respondent that Family Court erred in transferring custody and guardianship of the child to petitioner, rather than ordering a one-year suspended judgment pursuant to Family Court Act § 633 (cf., Matter of Jelissa Ninette O., 233 AD2d 874). Rather, the record supports the court’s determination that the best interests of the child would be promoted by transferring his guardianship and custody to petitioner (see, Matter of Star Leslie W., 63 NY2d 136). (Appeal from Order of Chautauqua County Family Court, Hartley, J. — Terminate Parental Rights.)

Present — Green, J. P., Lawton, Wisner, Callahan and Fallon, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

247 A.D.2d 924, 668 N.Y.S.2d 538, 1998 N.Y. App. Div. LEXIS 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-justin-f-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack