Fourth Department – Child custody: Matter of Rodcliffe M. Jr.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Child custody

Incarceration – Suspended judgment

Matter of Rodcliffe M. Jr.

CAF 22-01293

Appealed from Family Court, Monroe County

Background: The respondent father appealed from an order terminating his parental rights with respect to his two children on the ground of permanent neglect. He argues that the petitioner failed to establish that it exercised diligent efforts to encourage and strengthen the parental relationship during a period of his incarceration. He also appeals from the denial of his request for a suspended sentence.

Ruling: The Appellate Division modified and remitted for further proceedings. The court held that where an incarcerated parent has failed on more than one occasion while incarcerated to cooperate with an authorized agency in its efforts to assist such parent to plan for the future of the child, diligent efforts to encourage and strengthen the parental relationship are not required. The court noted that the father repeatedly failed to respond to letters inviting him to participate in service plan reviews. The Appellate Division held that the Family Court ought to have granted a second chance in the form of a suspended judgment as the father, at the time of the dispositional hearing, was two months out of prison, employed full-time, looking for stable housing, and communicating regularly with the foster parents and children. The children were reportedly happy with their visits with the father.

Guy A. Talia, of the public defender’s office, for the respondent-appellant; Mary M. Whiteside, county attorney, for the petitioner-respondent; Kelly M. Forst, attorney for the children.

Oral argument video