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UPON REVERSAL OF MOTHER’S MURDER AND MANSLAUGHTER CONVICTIONS, MOTHER ENTITLED TO NEW DISPOSITIONAL HEARING ON TERMINATION OF HER PARENTAL RIGHTS.

The Third Department determined respondent mother was entitled to a new dispositional hearing on termination of her parental rights. At the time of the prior hearing she was facing a long incarceration for murder and manslaughter. However, those convictions were subsequently reversed:

Remittal is … required for a new dispositional hearing. Upon appeal from respondent’s criminal conviction, this Court modified the judgment of conviction by reversing her murder and manslaughter convictions and dismissing the underlying counts of the indictment. Respondent is accordingly not facing the lengthy term of imprisonment anticipated at the time the dispositional order was issued and, as such, it is unclear whether the best interests of the children continue to demand the termination of her parental rights. Thus, we agree with petitioner and respondent that a new dispositional hearing is required … . Matter of Zoey O. (Veronica O.), 2017 NY Slip Op 01413, 3rd Dept 2-23-17

FAMILY LAW (UPON REVERSAL OF MOTHER’S MURDER AND MANSLAUGHTER CONVICTIONS, MOTHER ENTITLED TO NEW DISPOSITIONAL HEARING ON TERMINATION OF HER PARENTAL RIGHTS)/PARENTAL RIGHTS (UPON REVERSAL OF MOTHER’S MURDER AND MANSLAUGHTER CONVICTIONS, MOTHER ENTITLED TO NEW DISPOSITIONAL HEARING ON TERMINATION OF HER PARENTAL RIGHTS)

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