In re Latecia Jonquett S.

Appellate Division of the Supreme Court of New York

In re Latecia Jonquett S.

248 A.D.2d 154, 670 N.Y.S.2d 760, 1998 N.Y. App. Div. LEXIS 1992

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

DecidedMarch 5, 1998

StatusPublished

This text of 248 A.D.2d 154 (In re Latecia Jonquett S.) 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 Latecia Jonquett S., 248 A.D.2d 154, 670 N.Y.S.2d 760, 1998 N.Y. App. Div. LEXIS 1992 (N.Y. Ct. App. 1998).

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Opinion

—Order of disposition, Family Court, New York County (Leah Marks, J.), entered on or about April 29, 1997, which, upon a fact-finding determination of permanent neglect dated March 4, 1997, terminated respondent’s parental rights to the subject child and committed custody and guardianship of that child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The record supports the Family Court’s conclusion that petitioner established by clear and convincing evidence that respondent failed to maintain consistent contact with the subject child or to plan for the child’s future despite diligent efforts by petitioner to assist respondent to strengthen the parent-child relationship (see, Matter of Ronald YY., 101 AD2d 895). The record also amply supports Family Court’s determination that freeing the child for adoption by her foster parents with whom she has lived for more than a year was in the child’s best interests. In this connection, we note that the alternative disposition preferred by respondent pursuant to which the child would be placed with respondent’s sister was plainly inappropriate. Respondent’s sister already has 10 children in her home and the evidence adduced at the dispositional hearing indicates that the resources available to those children are already spread thin. To introduce an additional child into respondent’s sister’s household, particularly one such as the subject child who has been shown to have special needs, would not have been a responsible disposition.

Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.

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—Order of disposition, Family Court, New York County (Leah Marks, J.), entered on or about April 29, 1997, which, upon a fact-finding determination of permanent neglect dated March 4, 1997, terminated respondent’s parental rights to the subject child and committed custody and guardianship of that child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The record supports the Family Court’s conclusion that petitioner established by clear and convincing evidence that respondent failed to maintain consistent contact with the subject child or to plan for the child’s future despite diligent efforts by petitioner to assist respondent to strengthen the parent-child relationship (see, Matter of Ronald YY., 101 AD2d 895). The record also amply supports Family Court’s determination that freeing the child for adoption by her foster parents with whom she has lived for more than a year was in the child’s best interests. In this connection, we note that the alternative disposition preferred by respondent pursuant to which the child would be placed with respondent’s sister was plainly inappropriate. Respondent’s sister already has 10 children in her home and the evidence adduced at the dispositional hearing indicates that the resources available to those children are already spread thin. To introduce an additional child into respondent’s sister’s household, particularly one such as the subject child who has been shown to have special needs, would not have been a responsible disposition.

Concur — Sullivan, J. P., Milonas, Williams, Andrias and Saxe, JJ.

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Bluebook (online)

248 A.D.2d 154, 670 N.Y.S.2d 760, 1998 N.Y. App. Div. LEXIS 1992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-latecia-jonquett-s-nyappdiv-1998.

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