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eBook details

• Title: Matter David C.
• Author : Supreme Court of New York
• Release Date : January 22, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Order unanimously affirmed without costs. Memorandum: In 1984, respondent's three children were removed from her home and
placed in foster care, and in December 1985 a finding of child abuse was made by Family Court because of respondent's sexual
abuse of the children. A permanent neglect petition was filed on February 19, 1987, alleging respondent's failure to plan
for the future of the children from March 1985 until February 19, 1987, and seeking termination of her parental rights. We
concur with Family Court's determination that respondent failed to plan adequately for her children's future. The stipulated
facts establish that respondent had attended and been terminated from numerous counseling programs because she made no progress
in dealing with the issue of sexual abuse. Further, the counselors concluded that any progress by respondent in resolving
the issue of her sexually abusive behavior was unlikely. These facts established that respondent failed to take any genuine
steps toward recognizing her problem and changing her attitude and pattern of behavior (see, Matter of Nathaniel T., 67 N.Y.2d
828, 841). Since respondent failed to take any steps to correct the condition that led to the removal of the children from
her home, she has failed to plan for the future of the children and the finding of permanent neglect was proper (see, Matter
of Nathaniel T., supra, at 841-842; Matter of LeBron, 140 A.D.2d 276, 277; Matter of Regina M.C., 139 A.D.2d 929; Dutchess
County Dept. of Social Servs. v G., 141 Misc. 2d 641).

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