In re Theone A. A.

Appellate Division of the Supreme Court of New York

In re Theone A. A.

282 A.D.2d 290, 723 N.Y.S.2d 357, 2001 N.Y. App. Div. LEXIS 3874

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

DecidedApril 17, 2001

StatusPublished

This text of 282 A.D.2d 290 (In re Theone A. A.) 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.

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In re Theone A. A., 282 A.D.2d 290, 723 N.Y.S.2d 357, 2001 N.Y. App. Div. LEXIS 3874 (N.Y. Ct. App. 2001).

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Opinion

—Orders of disposition, Family Court, New York County (Gloria Sosa-Litner, J.), entered on or about June 16, 1999, which, after a fact-finding hearing, terminated respondent’s parental rights to the subject children, upon a finding of permanent neglect, and committed their custody to the Commissioner of Social Services and petitioner agency for purposes of adoption, unanimously affirmed, without costs.

The finding of permanent neglect was established by clear and convincing evidence (see, Matter of Sheila G., 61 NY2d 368; Matter of Star Leslie W., 63 NY2d 136). A finding of neglect was made against respondent in 1995 based on overwhelming evidence that respondent sexually abused one of the subject children. As part of a dispositional order, respondent was directed to attend sexual offenders’ therapy. Despite repeated referrals from the petitioning agency, respondent refused to undergo therapy. His living conditions continued to be deplorable and there is no evidence that respondent planned for the return of the children. Respondent’s refusal to undergo sexual offenders’ therapy or to otherwise plan for the children’s return supports Family Court’s determination (see, Matter of Female J., 202 AD2d 340; Matter of La'Vetta Danile S. F., 194 AD2d 384). The court properly found that it was in the children’s best interests to terminate respondent’s parental rights and free the children for adoption (Matter of Star Leslie W., 63 NY2d 136, 147-148). Concur — Sullivan, P. J., Andrias, Ellerin, Rubin and Buckley, JJ.

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—Orders of disposition, Family Court, New York County (Gloria Sosa-Litner, J.), entered on or about June 16, 1999, which, after a fact-finding hearing, terminated respondent’s parental rights to the subject children, upon a finding of permanent neglect, and committed their custody to the Commissioner of Social Services and petitioner agency for purposes of adoption, unanimously affirmed, without costs.

The finding of permanent neglect was established by clear and convincing evidence (see, Matter of Sheila G., 61 NY2d 368; Matter of Star Leslie W., 63 NY2d 136). A finding of neglect was made against respondent in 1995 based on overwhelming evidence that respondent sexually abused one of the subject children. As part of a dispositional order, respondent was directed to attend sexual offenders’ therapy. Despite repeated referrals from the petitioning agency, respondent refused to undergo therapy. His living conditions continued to be deplorable and there is no evidence that respondent planned for the return of the children. Respondent’s refusal to undergo sexual offenders’ therapy or to otherwise plan for the children’s return supports Family Court’s determination (see, Matter of Female J., 202 AD2d 340; Matter of La'Vetta Danile S. F., 194 AD2d 384). The court properly found that it was in the children’s best interests to terminate respondent’s parental rights and free the children for adoption (Matter of Star Leslie W., 63 NY2d 136, 147-148). Concur — Sullivan, P. J., Andrias, Ellerin, Rubin and Buckley, JJ.

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Bluebook (online)

282 A.D.2d 290, 723 N.Y.S.2d 357, 2001 N.Y. App. Div. LEXIS 3874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-theone-a-a-nyappdiv-2001.

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