In re Monique H.

Appellate Division of the Supreme Court of New York

In re Monique H.

270 A.D.2d 205, 704 N.Y.S.2d 597, 2000 N.Y. App. Div. LEXIS 3280

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

DecidedMarch 30, 2000

StatusPublished

Cited by7 cases

This text of 270 A.D.2d 205 (In re Monique H.) 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 Monique H., 270 A.D.2d 205, 704 N.Y.S.2d 597, 2000 N.Y. App. Div. LEXIS 3280 (N.Y. Ct. App. 2000).

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Opinion

—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about August 6, 1997, which, upon a finding of permanent neglect, terminated respondent’s parental rights to the subject child and committed the child’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that respondent substantially failed to maintain contact with the child and also failed to enter a drug rehabilitation program that the agency had arranged for him (see, Matter of Star Leslie W., 63 NY2d 136, 142-143; Matter of Natajha Starr M., 204 AD2d 232, lv denied 84 NY2d 806). Respondent’s parental rights were properly terminated in view of his failure to come forward with any plan for the child’s care other than one that would have her wait for his release from prison and drug rehabilitation, and evidence that the child is doing well with the stable foster family with which she has lived since she was two weeks old and that wants to adopt her. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

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—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about August 6, 1997, which, upon a finding of permanent neglect, terminated respondent’s parental rights to the subject child and committed the child’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that respondent substantially failed to maintain contact with the child and also failed to enter a drug rehabilitation program that the agency had arranged for him (see, Matter of Star Leslie W., 63 NY2d 136, 142-143; Matter of Natajha Starr M., 204 AD2d 232, lv denied 84 NY2d 806). Respondent’s parental rights were properly terminated in view of his failure to come forward with any plan for the child’s care other than one that would have her wait for his release from prison and drug rehabilitation, and evidence that the child is doing well with the stable foster family with which she has lived since she was two weeks old and that wants to adopt her. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

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Bluebook (online)

270 A.D.2d 205, 704 N.Y.S.2d 597, 2000 N.Y. App. Div. LEXIS 3280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-monique-h-nyappdiv-2000.

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