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Home / Case Digests / Appellate Division, Fourth Dept. / Parental Rights: In the Mtr of Nicholas B. and Jordan B.

Parental Rights: In the Mtr of Nicholas B. and Jordan B.

Appellate Division, Fourth Department

Parental Rights


In the Mtr of Nicholas B. and Jordan B.
Judges Centra, Fahey, Peradotto, Lindley and Sconiers

Background: This appeal originated from an order of the Family Court that terminated the respondent’s parental rights and freed the subject children for adoption. The respondent-mother contends that the petitioner did not establish by clear and convincing evidence of permanent parental neglect. The court unanimously affirmed the order appealed from.

Ruling: The petitioner had established, by clear and convincing evidence, that the petitioner exercised diligent efforts to strengthen the mother’s relationship with her children. Moreover, the petitioner had established that the mother failed to substantially and continuously plan for the future of her children. Petitioner had provided referrals to mental health services that the mother failed to take advantage of and the mother failed to keep a clean home. The court affirmed the lower court’s ruling that best interests of the children, who had been in foster care for six years during these proceedings, would be to provide them with a stable home.

Charles J. Greenberg for respondent-appellant; Joseph T. Jarzembek for petitioner-respondent; David C. Schopp of the Legal Aid Bureau of Buffalo Inc, attorney for the children