In re Christian Lee R.
Matter of Christian Lee R. v Jeanette L.
2004 NYSlipOp 05759
Decided on
Appellate Division, First Department
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on
Saxe, J.P., Ellerin,
Williams, Lerner, Sweeny, JJ.
4052
[*1]In re Christian Lee R., etc., A Dependent Child Under
the Age of Eighteen Years, etc.,
and
Jeanette L.,
etc., Respondent-Appellant, Episcopal Social Services, Petitioner-Respondent.
George E. Reed, Jr.,
for respondent.
Monica Drinane, The
Legal Aid Society,
Pappadopoulos of counsel), law guardian.
Order of disposition, Family Court, New York County (Sara P.
Schechter, J.), entered on or about October 9, 2002,
which, upon a finding of permanent neglect, terminated respondent mother's
parental rights with respect to the subject child and transferred custody and
guardianship of the child to petitioner agency and the Commissioner of Social
Services for the City of New York for the purpose of adoption, unanimously
modified, on the law and the facts, to vacate that portion of the order
unconditionally terminating respondent's parental rights and to remand the
matter for entry of a suspended judgment, the duration and conditions of which
are to be set by Family Court, and otherwise affirmed, without costs.
Although the finding of permanent neglect was warranted in
light of the clear and convincing evidence that respondent did not within the
statutorily relevant period make the therapeutic strides deemed necessary to
her resumption of custodial parenting responsibilities, despite the diligent
efforts of petitioner agency (see Matter of Lisa Z., 278 AD2d 674, 677-678),
the finding that it was in the child's best interest to terminate respondent's
parental rights was, on this record, premature. The evidence showed that
respondent had by the time of the dispositional hearing completed every aspect
of her service plan, seeking treatment on her own and participating actively in
therapy sessions. She appears to have benefitted from
treatment and, according to her therapist, has made very significant progress
in acquiring both insight respecting her past parenting deficiencies and the
practical skills necessary to the remediation of those deficiencies. By all
accounts, respondent and the child are well bonded and enjoy appropriate
parent-child interaction. Under all the circumstances, then, we do not think it
appropriate to conclude that it is in the child's best interest to definitively
sever the subject parent-child
relationship and, accordingly,
remand the matter for entry of a suspended judgment (see id. at 679-680). [*2]
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK