In re Roosevelt H.

Appellate Division of the Supreme Court of New York

In re Roosevelt H.

261 A.D.2d 337, 691 N.Y.S.2d 425, 1999 N.Y. App. Div. LEXIS 5836

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

DecidedMay 27, 1999

StatusPublished

This text of 261 A.D.2d 337 (In re Roosevelt 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 Roosevelt H., 261 A.D.2d 337, 691 N.Y.S.2d 425, 1999 N.Y. App. Div. LEXIS 5836 (N.Y. Ct. App. 1999).

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Opinion

—Order of disposition, Family Court, New York County (Ruth Zuckerman, J.), entered on or about July 22, 1996, which, upon a finding of permanent neglect, terminated respondent’s parental rights and transferred guardianship and custody of the subject children to petitioner for purposes of adoption, unanimously affirmed, without costs.

Clear and convincing evidence established that petitioner child care agency made diligent efforts to encourage and strengthen the parental relationship, which included trying to establish a relationship between the children and respondent’s paramour, helping respondent apply for social security benefits, and helping respondent try to obtain adequate housing. Respondent’s failure to plan for the children included presentation of a living arrangement that included the likelihood of leaving the children with his paramour who demonstrated no interest in fostering a relationship with the subject children. Accordingly, the record supports the court’s finding of perma[338]*338nent neglect. The finding that termination of respondent’s parental rights is in the best interests of the children is supported by a fair preponderance of the evidence. In particular, we note the evidence of the quality of the children’s life during their lengthy period of foster care. Concur — Nardelli, J. P., Tom, Mazzarelli, Lerner and Buckley, JJ.

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—Order of disposition, Family Court, New York County (Ruth Zuckerman, J.), entered on or about July 22, 1996, which, upon a finding of permanent neglect, terminated respondent’s parental rights and transferred guardianship and custody of the subject children to petitioner for purposes of adoption, unanimously affirmed, without costs.

Clear and convincing evidence established that petitioner child care agency made diligent efforts to encourage and strengthen the parental relationship, which included trying to establish a relationship between the children and respondent’s paramour, helping respondent apply for social security benefits, and helping respondent try to obtain adequate housing. Respondent’s failure to plan for the children included presentation of a living arrangement that included the likelihood of leaving the children with his paramour who demonstrated no interest in fostering a relationship with the subject children. Accordingly, the record supports the court’s finding of perma[338]*338nent neglect. The finding that termination of respondent’s parental rights is in the best interests of the children is supported by a fair preponderance of the evidence. In particular, we note the evidence of the quality of the children’s life during their lengthy period of foster care. Concur — Nardelli, J. P., Tom, Mazzarelli, Lerner and Buckley, JJ.

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Bluebook (online)

261 A.D.2d 337, 691 N.Y.S.2d 425, 1999 N.Y. App. Div. LEXIS 5836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roosevelt-h-nyappdiv-1999.