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ALTHOUGH MOTHER VIOLATED THE TERMS OF HER SUSPENDED JUDGMENT, FAMILY COURT SHOULD NOT HAVE TERMINATED HER PARENTAL RIGHTS WITHOUT A FINDING, BASED UPON A HEARING, THAT TERMINATION WAS IN THE BEST INTERESTS OF THE CHILD (THIRD DEPT).

The Third Department, reversing Family Court, determined that although mother violated the terms of her suspended judgment, her parental rights should not have been terminated without a finding, based upon a hearing, that termination was in the best interests of the child:

A suspended judgment is intended to provide a parent who has permanently neglected his or her child with a brief period within which to become a fit parent that the child can be returned to in safety … . “A parent’s noncompliance with the terms of the suspended judgment during this grace period, if established by a preponderance of the evidence, may end with revocation of the suspended judgment and termination of his or her parental rights”… .

Family Court determined, and we agree, that numerous violations of the terms of the suspended judgment were established by a preponderance of the evidence. …

… [V]iolations that could warrant a revocation of the suspended judgment and termination of parental rights do not automatically have that effect… . It is instead the best interests of the child, which is “relevant at all stages of a permanent neglect proceeding, including at the revocation of a suspended judgment,” that determines the appropriate disposition … . Family Court did not make a best interests finding and, absent hearing evidence relating to “the child[]’s present circumstances and relationship with [respondent] and the effect upon the[] [child] of the termination of [respondent’s] parental rights and [the child’s] potential adoption,” it is unclear how Family Court could have done so … . Matter of Cecilia P. (Carlenna Q.), 2018 NY Slip Op 04993, Third Dept 7-5-18

​FAMILY LAW (PARENTAL RIGHTS, ALTHOUGH MOTHER VIOLATED THE TERMS OF HER SUSPENDED JUDGMENT, FAMILY COURT SHOULD NOT HAVE TERMINATED HER PARENTAL RIGHTS WITHOUT A FINDING, BASED UPON A HEARING, THAT TERMINATION WAS IN THE BEST INTERESTS OF THE CHILD (THIRD DEPT))/PARENTAL RIGHTS (ALTHOUGH MOTHER VIOLATED THE TERMS OF HER SUSPENDED JUDGMENT, FAMILY COURT SHOULD NOT HAVE TERMINATED HER PARENTAL RIGHTS WITHOUT A FINDING, BASED UPON A HEARING, THAT TERMINATION WAS IN THE BEST INTERESTS OF THE CHILD (THIRD DEPT))/SUSPENDED JUDGMENTS (FAMILY LAW, PARENTAL RIGHTS,  ALTHOUGH MOTHER VIOLATED THE TERMS OF HER SUSPENDED JUDGMENT, FAMILY COURT SHOULD NOT HAVE TERMINATED HER PARENTAL RIGHTS WITHOUT A FINDING, BASED UPON A HEARING, THAT TERMINATION WAS IN THE BEST INTERESTS OF THE CHILD (THIRD DEPT))/NEGLECT (FAMILY LAW, PARENTAL RIGHTS,  ALTHOUGH MOTHER VIOLATED THE TERMS OF HER SUSPENDED JUDGMENT, FAMILY COURT SHOULD NOT HAVE TERMINATED HER PARENTAL RIGHTS WITHOUT A FINDING, BASED UPON A HEARING, THAT TERMINATION WAS IN THE BEST INTERESTS OF THE CHILD (THIRD DEPT))

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