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In re China Fatimah S.
Citations: 272 A.D.2d 138; 708 N.Y.S.2d 857; 2000 N.Y. App. Div. LEXIS 5418
Court: Appellate Division of the Supreme Court of the State of New York; May 11, 2000; New York; State Appellate Court
The Family Court of New York County, presided by Justice Susan Larabee, issued an order on July 20, 1998, terminating the parental rights of the respondent mother after determining she had permanently neglected her child. The court found clear and convincing evidence that, despite the petitioner agency's diligent efforts to assist the mother in strengthening her relationship with the child, she consistently refused to pursue treatment for her drug addiction. This refusal was deemed a failure to take essential steps in planning for the child’s future. Although the mother participated in two rehabilitation programs, she did not complete them, justifying the finding of permanent neglect. The court concluded that terminating the mother’s parental rights was in the best interests of the child, allowing for adoption. The mother waived any claims of appellate prejudice concerning the absence of a transcript from the first day of the dispositional hearing, as a reconstruction hearing was held where the parties agreed on a reconstruction based on her counsel's notes. The appellate court reviewed the mother's remaining arguments and found them unpersuasive, affirming the Family Court's order without costs.