The Third Department, reversing Family Court, determined father (respondent) was denied due process when Family Court went ahead with proceedings to terminate his parental rights in his absence. Father was never informed that a final hearing or trial was scheduled:
A parent has a due process right to be present during proceedings to terminate parental rights, but that right “is not absolute and must be balanced with the child’s right to a prompt and permanent adjudication”… . “Absent unusual justifiable circumstances, a parent’s rights should not be terminated without his or her presence at the hearing” … . Under the circumstances here, a brief adjournment to allow participation by respondent would not have significantly impinged upon the child’s right to a prompt hearing … , especially since respondent may have been the only witness regarding his defense that he had attempted to contact the child … . Because the record does not provide any indication that either respondent or his counsel was aware that the August 4, 2015 proceeding was scheduled as a final hearing or trial on the petition, and because the record likewise provides no indication that either was aware of the stay expiring on September 25, 2015, we find that respondent was denied “some opportunity to participate in a meaningful way” … . Thus, respondent is entitled to a new hearing, with new counsel assigned to represent him. Matter of Chloe N. (Joshua N.), 2016 NY Slip Op 06926, 3rd Dept 10-20-16
FAMILY LAW (FATHER WAS NOT AWARE FINAL HEARING ON TERMINATION OF HIS PARENTAL RIGHTS HAD BEEN SCHEDULED; HOLDING TERMINATION PROCEEDINGS IN HIS ABSENCE CONSTITUTED A DENIAL OF DUE PROCESS)/PARENTAL RIGHTS, TERMINATION (FATHER WAS NOT AWARE FINAL HEARING ON TERMINATION OF HIS PARENTAL RIGHTS HAD BEEN SCHEDULED; HOLDING TERMINATION PROCEEDINGS IN HIS ABSENCE CONSTITUTED A DENIAL OF DUE PROCESS)