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In re Michael W.

Citations: 239 A.D.2d 865; 660 N.Y.S.2d 102; 1997 N.Y. App. Div. LEXIS 6222

Court: Appellate Division of the Supreme Court of the State of New York; May 30, 1997; New York; State Appellate Court

Narrative Opinion Summary

Order reversed unanimously without costs, and the matter is remitted to Erie County Family Court for further proceedings. The Family Court abused its discretion by terminating the respondent's parental rights after allowing a motion for withdrawal of counsel without notifying the respondent. The order is thus reversed, necessitating reassignment of counsel and a new fact-finding hearing, referencing similar cases for support. Regarding the evidence, while parts of the respondent's case file from Horizons Village, Inc., a drug rehabilitation facility, were correctly admitted to demonstrate her failure to attend and complete treatment, the admission of the entire case file was inappropriate due to the presence of irrelevant and prejudicial material. As a new fact-finding hearing is mandated, other arguments presented by the respondent are not addressed at this stage. The appeal pertains to an order from Erie County Family Court regarding the termination of parental rights.

Legal Issues Addressed

Abuse of Discretion in Termination of Parental Rights

Application: The Family Court's decision to terminate the respondent's parental rights was reversed due to an abuse of discretion, as the respondent was not notified of the withdrawal of their counsel.

Reasoning: The Family Court abused its discretion by terminating the respondent's parental rights after allowing a motion for withdrawal of counsel without notifying the respondent.

Admissibility of Evidence in Family Court Proceedings

Application: The admission of the entire case file from a drug rehabilitation facility was deemed inappropriate due to irrelevant and prejudicial content, though parts of the file demonstrating failure to complete treatment were correctly admitted.

Reasoning: Regarding the evidence, while parts of the respondent's case file from Horizons Village, Inc., a drug rehabilitation facility, were correctly admitted to demonstrate her failure to attend and complete treatment, the admission of the entire case file was inappropriate due to the presence of irrelevant and prejudicial material.

Mandate for New Fact-Finding Hearing

Application: A new fact-finding hearing is mandated due to procedural errors, and as such, other arguments presented by the respondent are not addressed at this stage.

Reasoning: As a new fact-finding hearing is mandated, other arguments presented by the respondent are not addressed at this stage.

Requirement of Legal Representation in Parental Rights Cases

Application: The case was remitted for further proceedings, indicating the necessity for reassignment of counsel and a new fact-finding hearing when counsel is withdrawn without notifying the respondent.

Reasoning: The order is thus reversed, necessitating reassignment of counsel and a new fact-finding hearing, referencing similar cases for support.