You are here: / / Children’s Remaining in Foster Care Until Father’s Release...

Children’s Remaining in Foster Care Until Father’s Release from Prison Was Not a Sufficient Plan for the Children’s Future, Permanent Neglect Finding Proper

The Second Department determined a permanent neglect finding was proper. Children’s remaining in foster care until father’s release from prison was not a sufficient plan for the children’s future:

A parent’s incarceration does not obviate the obligation to develop a “realistic and feasible” plan for the children’s future … . A plan for children to remain in foster care throughout a parent’s incarceration and for a period of time thereafter as necessary to establish suitable living arrangements for the children is not a viable plan to secure permanency for the children … . Thus, “[t]he failure of an incarcerated parent to provide any realistic and feasible’ alternative to having the children remain in foster care until the parent’s release from prison . . . supports a finding of permanent neglect” … .

Here, the father failed to provide any feasible plan for the subject children other than continued foster care until after he was released from prison and had time to “get on [his] feet.” Accordingly, despite the petitioner’s diligent efforts to encourage and strengthen the parental relationship, the father failed to adequately plan for the children’s future, and the Family Court’s finding of permanent neglect was supported by clear and convincing evidence … . Matter of Jenna K. (Jeremy K.), 2015 NY Slip Op 07843, 2nd Dept 10-28-15

 

You might also like
BECAUSE PROPERTY-OWNER-DEFENDANTS UNDERTOOK SNOW REMOVAL EFFORTS, THEIR FAILURE TO AFFIRMATIVELY DEMONSTRATE THOSE EFFORTS DID NOT CREATE THE HAZARDOUS CONDITION REQUIRED DENIAL OF THEIR MOTION FOR SUMMARY JUDGMENT.
BECAUSE PLAINTIFF WAS UNABLE TO SHOW THE DOCUMENTS SOUGHT FROM THE DEFENDANTS EVER EXISTED HE WAS NOT ENTITLED TO STRIKE THE ANSWER FOR SPOLIATION OF EVIDENCE, HOWEVER PLAINTIFF WAS ENTITLED TO AN ORDER PRECLUDING THE DEFENDANTS FROM INTRODUCING ANY SUCH DOCUMENTS AT TRIAL (SECOND DEPT).
FOR CAUSE CHALLENGE SHOULD HAVE BEEN GRANTED, NEW TRIAL ORDERED.
Where Plaintiff’s Vehicle Repaired to Pre-Accident Condition, No Additional Recovery for Diminution in Resale Value
Reassessment of Improved Property Was Not an Unconstitutional Selective Assessment
QUESTIONS OF FACT WHETHER THE DEFENDANT BUS DRIVER SAW WHAT SHOULD HAVE BEEN SEEN AND WHETHER THE EMERGENCY DOCTRINE APPLIED TO THIS REAR-END COLLISION CASE; THE BUS WAS BEHIND PLAINTIFF’S SCOOTER AND BOTH THE BUS AND THE SCOOTER APPARENTLY CHANGED LANES AT THE SAME TIME (SECOND DEPT).
Lack of Standing Not a Jurisdictional Defect, Sua Sponte Dismissal of Complaint Not Warranted
Evidence of Gang Membership Properly Admitted to Show Motive for Assault

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Two-Justice Dissent Argued Termination of Father’s Parental Rights Was... Anti-Social Personality Disorder (ASPD) Alone Will Not Support Civil Commitment...