Catholic Guardian Servs. v. Lisa G. (In re Jaylen R.B.)

• Decision Date: 19 December 2018
• Docket Number: 2018-14069,Docket Nos. B-323-12, B-324-12,2017-00812
• Citation: 90 N.Y.S.3d 139,167 A.D.3d 871
• Parties: In the MATTER OF JAYLEN R.B. (Anonymous). Catholic Guardian Services, Petitioner-Respondent; v. Lisa G. (Anonymous), Appellant, et al., Respondent. (Proceeding No. 1) In the Matter of Sarah M.B. (Anonymous). Catholic Guardian Services, Retitioner-Respondent; v. Lisa G. (Anonymous), Appellant, et al., Respondent. (Proceeding No. 2)
• Court: New York Supreme Court — Appellate Division

167 A.D.3d 871

90 N.Y.S.3d 139

In the MATTER OF JAYLEN R.B. (Anonymous).

Catholic Guardian Services, Petitioner-Respondent;

v.Lisa G. (Anonymous), Appellant, et al., Respondent. (Proceeding No. 1)

In the Matter of Sarah M.B. (Anonymous).

Catholic Guardian Services, Retitioner-Respondent;

v.Lisa G. (Anonymous), Appellant, et al., Respondent. (Proceeding No. 2)

2017-00812

2018-14069

Docket Nos. B-323-12, B-324-12

Supreme Court, Appellate Division, Second Department, New York.

Argued—October 19, 2018

December 19, 2018

Joel Borenstein, Brooklyn, NY, for appellant.

Magovern & Sclafani, Mineola, N.Y. (Frederick J. Magovern and Joanna M. Roberson of counsel), for petitioner-respondent.

Karen P. Simmons, Brooklyn, N.Y. (Laura Solecki and Janet Neustaetter of counsel), attorney for the children.

ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

In related proceedings pursuant to Social Services Law § 384–b, the mother appeals from two orders of fact-finding and disposition of the Family Court, Kings County(Ilana Gruebel, J.), both entered December 19, 2016(one as to each child).The first order, after fact-finding and dispositional hearings, found that the mother permanently neglected the child Jaylen R. B., terminated her parental rights, and transferred custody and guardianship of that child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.The second order, insofar as appealed from, after fact-finding and dispositional hearings, found that the mother permanently neglected the child Sarah M. B., terminated her parental rights, and transferred custody and guardianship of that child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

ORDERED that the first order of fact-finding and disposition is reversed, on the facts and as a matter of discretion, without costs or disbursements, and the petition relating to the child Jaylen R.B. is denied insofar as asserted against the mother; and it is further,

ORDERED that the second order of fact-finding and disposition is reversed insofar as appealed from, on the facts and as a matter of discretion, without costs or disbursements, and the petition relating to the child Sarah M.B. is denied insofar as asserted against the mother.

The petitioner commenced these proceedings, inter alia, to terminate the mother's parental rights, alleging that the mother permanently neglected the subject children.After fact-finding and dispositional hearings, the Family Court found that the mother permanently neglected the children, terminated her parental rights, and transferred custody and guardianship of the children to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.The mother appeals.

To establish that a parent has permanently neglected a child, an agency must demonstrate, by clear and convincing evidence, that the parent "failed for a period of either at least one year or fifteen out of the most recent twenty-two months following the date such child came into the care of an authorized agency substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically and financially able to do so, notwithstanding the agency's diligent efforts to encourage and strengthen the parental...