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In re Robin QQ.

Citations: 226 A.D.2d 805; 640 N.Y.S.2d 337; 1996 N.Y. App. Div. LEXIS 3476

Court: Appellate Division of the Supreme Court of the State of New York; April 3, 1996; New York; State Appellate Court

Narrative Opinion Summary

In a case concerning the termination of parental rights, the Family Court adjudicated the child, born in 1993, as permanently neglected by the biological mother. Initially, the mother consented to a neglect adjudication, resulting in a 12-month custody arrangement with the petitioner. Subsequently, the petitioner sought to terminate the mother's parental rights due to permanent neglect. The mother challenged the petition, arguing insufficient evidence for neglect and asserting her engagement with services. However, the court found her claims unsubstantiated, noting her premature departure from an alcohol rehabilitation program and failure to engage in essential treatments and counseling. Despite 60 additional visitation opportunities, the mother minimally participated, indicating a lack of effort to maintain the parental relationship. The mother's chronic alcoholism, psychiatric issues, and an abusive marital relationship further hindered her ability to rectify conditions leading to the child's removal. The court affirmed the petitioner's diligent efforts to support the parental relationship, concluding that termination of parental rights best served the child's interests. The appeal was denied, and the Family Court's order was affirmed without costs.

Legal Issues Addressed

Diligent Efforts by Petitioner in Supporting Parental Relationship

Application: The petitioner demonstrated diligent efforts to maintain the parental relationship, which the mother did not reciprocate, thereby justifying the termination of parental rights.

Reasoning: The court concluded that the petitioner made diligent efforts to support the parental relationship and that the mother did not meet the requirements of the 1993 dispositional order.

Permanent Neglect under Family Law

Application: The court found evidence supporting the claim of permanent neglect, as the mother failed to complete rehabilitation programs and engage meaningfully in visitation.

Reasoning: The court found these claims unsubstantiated, noting that the mother left an alcohol rehabilitation program early and did not pursue recommended treatments.

Termination of Parental Rights under Family Law

Application: The court upheld the termination of parental rights due to the mother's failure to address issues of alcoholism and psychiatric problems, which were essential for the child's welfare.

Reasoning: Ultimately, the court determined that terminating the mother’s parental rights was in the child’s best interest, affirming the Family Court's order without costs.