You are here: / / Failure to Comply With Terms of Suspended Judgment Justified Termination...

Failure to Comply With Terms of Suspended Judgment Justified Termination of Parental Rights

The Third Department determined mother’s failure to comply with the terms of a suspended judgment (permanent neglect) justified termination of her parental rights.  There was evidence the child was thriving in foster care:

It is well settled that a suspended judgment gives a parent who is found to have permanently neglected his or her child “a brief grace period within which to become a fit parent with whom the child can be safely reunited” … . Where the parent’s failure to comply with the terms and conditions of a suspended judgment is established by a preponderance of the evidence, such judgment may be revoked and parental rights may be terminated … . * * *

…”[W]hile respondent’s ‘failure to comply with the terms and conditions of the suspended judgment does not compel the termination of her parental rights, [it] is strong evidence that termination is, in fact, in the best interests of the [child]'”… . Matter of Cody D. (Brittiany F.), 2015 NY Slip Op 02811, 3rd Dept 4-2-15

 

You might also like
THE INTOXICATED DEFENDANT’S DRIVING WHEN HE FLED FROM THE POLICE, WHILE RECKLESS, DID NOT DEMONSTRATE DEPRAVED INDIFFERENCE; DEPRAVED INDIFFERENCE MURDER CONVICTION NOT SUPPORTED BY THE WEIGHT OF THE EVIDENCE; CONVICTION REDUCED TO MANSLAUGHTER (THIRD DEPT). ​
Law of the Case Doctrine Should Not Have Been Invoked—Criteria Explained
CONSTRUCTION CONTRACT PROVISION MAKING LITIGATION THE SOLE METHOD FOR RESOLVING A DISPUTE RENDERED VOID BY GENERAL BUSINESS LAW. 
TOWN LAW DID NOT PROHIBIT PETITIONER FROM RUNNING FOR TOWN JUSTICE IN TWO DIFFERENT TOWNS SIMULTANEOUSLY (THIRD DEPT).
THE TRUST AGREEMENT INDICATED THE DECEDENT INTENDED A CHARITABLE GIFT BE MADE TO A PARTICULAR LOCAL CATHOLIC SCHOOL WHICH HAD CLOSED, NOT TO THE ROMAN CATHOLIC CHURCH WHICH HAD OPERATED THE CLOSED SCHOOL 3RD DEPT.
THE RECORD OF THE GRAND JURY PROCEEDINGS DID NOT EXPLAIN OR JUSTIFY THE SHACKLING OF DEFENDANT’S HANDS DURING HIS TESTIMONY; EVEN IF HIS HANDS WERE UNDER THE TABLE, THE INABILITY TO USE HIS HANDS DURING HIS TESTIMONY WAS PREJUDICIAL; CONVICTION REVERSED (THIRD DEPT). ​
DEFENDANT SHOT ANOTHER HUNTER AND WAS CHARGED WITH AND CONVICTED OF (RECKLESS) ASSAULT SECOND, DEFENSE REQUEST FOR A JURY INSTRUCTION ON (NEGLIGENT) ASSAULT THIRD SHOULD HAVE BEEN GRANTED, NEW TRIAL ORDERED (THIRD DEPT).
Ruling that Subject Child Could Not Visit Father in the Presence of Father’s Other Children Is Against Established Policy and Was Not Supported by an Adequate Record—Matter Sent Back for Development of Evidence

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Jury Instruction Reversed Burden of Proof—New Trial Ordered Forcing Defendant to Go to Trial When His Expert on the Intoxication Defense...