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CHILD WAS ENTITLED TO A FINDING THAT REUNIFICATION WITH HIS MOTHER IN EL SALVADOR WAS NOT VIABLE DUE TO PARENTAL NEGLECT (SECOND DEPT).

The Second Department, reversing Family Court, over a dissent, determined the child was entitled to a finding that reunification with his mother in El Salvador would not be viable in this special juvenile immigrant status proceeding:

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… [W]here, as here, the Family Court’s credibility determination is not supported by the record, this Court is free to make its own credibility assessments and overturn the determination of the hearing court … . Based upon our independent factual review, we conclude that the record supports a finding that reunification of the child with his mother is not a viable option based upon parental neglect. The record reflects that the mother failed to meet the educational needs of the child… . The child testified that, although he was prevented from attending school by gang members who beat him while walking to school, the mother did not arrange for transportation, which was within her financial means, but instead, told him to stay home. Additionally, the child was expelled from one school due to excessive tardiness, and he failed the seventh grade … . Further, the mother did not provide adequate supervision, often leaving the then eight-year-old child home alone at night in the neighborhood where he had encountered the gang violence … . …

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Since the record is sufficient for this Court to make its own findings of fact and conclusions of law, we find that reunification of the child with one or both of his parents is not viable due to parental neglect … . Matter of Dennis X.G.D.V., 2017 NY Slip Op 06080, Second Dept 8-9-17

 

FAMILY LAW (SPECIAL JUVENILE IMMIGRANT STATUS, CHILD WAS ENTITLED TO A FINDING THAT REUNIFICATION WITH HIS MOTHER IN EL SALVADOR WAS NOT VIABLE DUE TO PARENTAL NEGLECT (SECOND DEPT))/SPECIAL JUVENILE IMMIGRANT STATUS (FAMILY LAW, CHILD WAS ENTITLED TO A FINDING THAT REUNIFICATION WITH HIS MOTHER IN EL SALVADOR WAS NOT VIABLE DUE TO PARENTAL NEGLECT (SECOND DEPT))

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