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Mother’s Violations of Conditions of a Suspended Judgment, Under the Facts, Justified Termination of Parental Rights (Against the Wishes of the Child)

The Third Department determined Family Court, under the facts, properly terminated petitioner’s parental rights because of petitioner’s failure to comply with the conditions of a suspended judgment (against the express wishes of the child):

It is well settled that a suspended judgment gives a parent who is found to have 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, as here, it is established by a preponderance of the evidence that the parent has failed to comply with the terms and conditions of a suspended judgment, such judgment may be revoked and parental rights may be terminated … . Furthermore, “petitioner is not obligated to wait until the end of the period of suspended judgment to seek to revoke the suspended judgment” where the parent has repeatedly violated the judgment’s terms and conditions … . * * *

Although respondent’s breach of the express conditions of the suspended judgment “‘does not compel the termination of [his] parental rights, [it] is strong evidence that termination is, in fact, in the best interests of the child[]'” … . The child’s foster mother averred that he struggled emotionally when respondent’s visitation became inconsistent and that, despite being asked to become involved in the child’s athletic activities, respondent has failed to attend any games or practices. The child’s placement in his foster home has given him a safe, stable and caring environment in which he has bonded with his foster parents and siblings. Family Court, although obviously disheartened in resolving the instant petition contrary to the child’s express wishes, ultimately determined that his best interests would be served by terminating respondent’s parental rights and clearing the way for him to be permanently placed with the foster family. Inasmuch as Family Court’s determination has a sound and substantial basis in the record, it shall remain undisturbed … . Matter of Michael HH, 2015 NY Slip Op 00258, 1-8-15

 

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