Krystal J., In re, 1

Decision Date30 December 1999
Docket NumberNo. 1,1
Citation700 N.Y.S.2d 340,267 AD2d 1097
Parties1999 N.Y. Slip Op. 11,397 Matter of KRYSTAL J. Erie County Department of Social Services, Petitioner-Respondent; Luverna J., Respondent-Appellant. (Appeal)
CourtNew York Supreme Court — Appellate Division

Michael M. Metzger, Hamburg, for respondent-appellant.

Gary J. Wojtan, Cheektowaga, for petitioner-respondent.

Charles D. Halvorsen, Buffalo, Law Guardian.

PRESENT: PINE, J.P., HAYES, WISNER, PIGOTT, JR., and SCUDDER, JJ.

MEMORANDUM:

Respondent appeals from an order of disposition that terminated her parental rights with respect to her daughter Krystal, born October 13, 1993, and transferred custody to petitioner, Erie County Department of Social Services (DSS), upon a finding that Krystal was permanently neglected by respondent. Family Court's determination that Krystal was permanently neglected by respondent is supported by clear and convincing evidence. The record establishes that DSS made diligent efforts to encourage and strengthen the relationship between respondent and Krystal (see, Social Services Law § 384-b [a] ) by providing "services and other assistance aimed at ameliorating or resolving the problems preventing [Krystal's] return to respondent's care" (Matter of Kayte M., 201 A.D.2d 835, 608 N.Y.S.2d 711, lv. denied 83 N.Y.2d 757, 614 N.Y.S.2d 386, 637 N.E.2d 277; see, Matter of Michelle F., 222 A.D.2d 747, 748-749, 635 N.Y.S.2d 709). DSS established that respondent failed to maintain adequate housing, undergo a psychological evaluation, or participate in programs that she was required to attend (see, Matter of Peter D., 262 A.D.2d 998, 692 N.Y.S.2d 546; Matter of Female J., 202 A.D.2d 340, 609 N.Y.S.2d 595). "Because she failed to make any progress in overcoming the problems that initially endangered the child[ ] and continued to prevent [her] safe return, the court properly found that respondent was unable to make an adequate plan for her child[ ]'s future" (Matter of Rebecca D., 222 A.D.2d 1092, 635 N.Y.S.2d 847).

Respondent also appeals from an order finding that her daughter Aaliyah is a neglected child. Aaliyah was born on May 19, 1998, a few days after the conclusion of the fact-finding hearing on the permanent neglect petition concerning Krystal. DSS immediately filed a neglect petition after her birth. We conclude that the evidence at the fact-finding hearing on the neglect petition is sufficient to support the court's finding that Aaliyah's "physical,...

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6 cases
  • In re Warren RR.
    • United States
    • New York Supreme Court — Appellate Division
    • October 20, 2016
    ...; Matter of Michael N. [Jason M.], 79 A.D.3d 1165, 1167–1168, 911 N.Y.S.2d 709 [2010] ; Matter of Krystal J., 267 A.D.2d 1097, 1098, 700 N.Y.S.2d 340 [1999] )—particularly [39 N.Y.S.3d 270where, as here, the underlying adjudications reflect both a longstanding pattern of neglect and, more t......
  • Burke H. Erie Cnty. Dep't of Soc. Servs. v.
    • United States
    • New York Supreme Court — Appellate Division
    • May 2, 2014
    ... ... that the father failed to address the problems that led to the findings of neglect with respect to his other three children ( see Matter of Krystal J., 267 A.D.2d 1097, 1098, 700 N.Y.S.2d 340), and we conclude that the evidence with respect to those children “demonstrates such an impaired level ... ...
  • In the Matter of Ariel C.W.-H.Monroe County Dep't of Human Serv.
    • United States
    • New York Supreme Court — Appellate Division
    • November 10, 2011
  • Burke H. Erie Cnty. Dep't of Soc. Servs. v.
    • United States
    • New York Supreme Court — Appellate Division
    • May 9, 2014
    ...the problems that led to the neglect findings with respect to her other children ( see Matter of Krystal J., 267 A.D.2d 1097, 1098, 700 N.Y.S.2d 340). To the extent that the mother challenges the testimony of petitioner's psychologist, it is well settled that the court's “determination rega......
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