In re Kayla KK., 68 A.D.3d 1207 (N.Y. App. Div. 2009). · Go Syfert
In re Kayla KK., 68 A.D.3d 1207 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Kayson R. (Christina S.) (nyappdiv, 2018-11-21)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Kayson R. (Christina S.)
N.Y. App. Div. · 2018 · confidence medium
This evidence, as well as respondent's failure to evince a commitment to the child by developing a bond with him and complying with the conditions for his return as she had previously agreed, provide a sound and substantial basis for Family Court's determination that it was in the child's best interests to terminate respondent's parental rights ( see Matter of Jackie B. [Dennis B.] , 75 AD3d at 694-695 ; Matter of Kayla KK. [Tracy LL.] , 68 AD3d 1207, 1208-1209 [2009], lv denied 14 NY3d 707 [2010]).
discussed Cited as authority (rule) In re Michael JJ.
N.Y. App. Div. · 2012 · confidence medium
The testimony thus established that the mother’s plan to move was unrealistic at best, that she had made no measurable progress in addressing the issues that prevented her from caring for the children in the first instance, and that further extending the children’s stay in foster care by suspending judgment would not have been in their best interests (see Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1209 [2009], lv denied 14 NY3d 707 [2010]).
discussed Cited as authority (rule) In re Michael JJ.
N.Y. App. Div. · 2012 · confidence medium
The testimony thus established that the mother’s plan to move was unrealistic at best, that she had made no measurable progress in addressing the issues that prevented her from caring for the children in the first instance, and that further extending the children’s stay in foster care by suspending judgment would not have been in their best interests (see Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1209 [2009], lv denied 14 NY3d 707 [2010]).
discussed Cited as authority (rule) In re Marquise JJ.
N.Y. App. Div. · 2012 · confidence medium
A suspended judgment may be granted if the court determines that “it is in the best interests of the child to allow the parent additional time to improve parenting skills and demonstrate his or her fitness to care for the child” (Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208 [2009], lv denied 14 NY3d 707 [2010]; see Family Ct Act § 631 [b]; § 633).
discussed Cited as authority (rule) In re Angelina BB.
N.Y. App. Div. · 2011 · confidence medium
Accordingly, we discern no abuse of discretion in Family Court’s decision to terminate respondent’s parental rights rather than issue a suspended judgment (see Matter of Nazelle RR. [Lisa RR.], 85 AD3d at 1255; Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208-1209 [2009], lv denied 14 NY3d 707 [2010]).
discussed Cited as authority (rule) Sharon V. v. Melanie T.
N.Y. App. Div. · 2011 · confidence medium
Rather, the relative fitness of the mother, the grandmother and the foster parents are considered and, although the mother claims that a suspended judgment would have been appropriate, we find no basis to disturb Family Court’s conclusion that termination of her parental rights was in the child’s best interests (see Matter of Nathaniel T., 67 NY2d 838, 840 [1986]; Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1209 [2009], lv denied 14 NY3d 707 [2010]; Matter of Melissa DD., 45 AD3d 1219, 1221 [2007], lv denied 10 NY3d 701 [2008]).
discussed Cited as authority (rule) In re Crystal JJ.
N.Y. App. Div. · 2011 · confidence medium
“A suspended judgment may be issued if it is in the best interests of the children] to allow the parent additional time to improve parenting skills and demonstrate his or her fitness to care for the children]” (Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208 [2009], lv denied 14 NY3d 707 [2010] [citations omitted]).
discussed Cited as authority (rule) In re Kellcie NN.
N.Y. App. Div. · 2011 · confidence medium
Following an adjudication of permanent neglect, a suspended judgment may be issued to allow a parent additional time to improve parenting skills and demonstrate his or her fitness to care for the child (see Family Ct Act § 631 [b]; Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208 [2009], lv denied 14 NY3d 707 [2010]; Matter of Nevaeh SS. [Valerie L.], 68 AD3d 1188, 1189 [2009]; Matter of Isaiah F., 55 AD3d 1004, 1006 [2008]).
discussed Cited as authority (rule) In re Tyler LL.
N.Y. App. Div. · 2011 · confidence medium
Based on our review of the record, and according deference to Family Court’s findings, we find no basis to disturb the conclusion that termination of respondent’s parental rights was in the child’s best interests (see Matter of Keegan JJ. [Amanda JJ.], 72 AD3d 1159, 1162 [2010]; Matter of Nevaeh SS. [Valerie L.], 68 AD3d 1188, 1190 [2009]; Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208-1209 [2009], lv denied 14 NY3d 707 [2010]).
discussed Cited as authority (rule) In re Shania D.
N.Y. App. Div. · 2011 · confidence medium
“A suspended judgment may be issued if it is in the best interests of the child[ren] to allow the parent additional time to improve parenting skills and demonstrate his or her fitness to care for the child[ren]” (Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208 [2009], lv denied 14 NY3d 707 [2010] [citations omitted]; see Family Ct Act § 631 [b]; § 633; Matter of Anastasia FF., 66 AD3d 1185, 1187 [2009], lv denied 13 NY3d 716 [2010]; Matter of Carlos R., 63 AD3d 1243, 1246 [2009], lv denied 13 NY3d 704 [2009]).
discussed Cited as authority (rule) In re Juliette JJ.
N.Y. App. Div. · 2011 · confidence medium
Thus, a sound and substantial basis in the record exists to support Family Court’s determination that termination of parental rights is in the child’s best interests (see Matter of Keegan JJ. [Amanda JJ.], 72 AD3d 1159, 1162 [2010]; Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1209 [2009], lv denied 14 NY3d 707 [2010]).
discussed Cited as authority (rule) In re Mary MM.
N.Y. App. Div. · 2010 · confidence medium
In light of the evidence that the child is thriving with her foster family, who wishes to adopt her, we reject respondent’s contention that a suspended judgment, rather than termination of respondent’s parental rights, would have been in the best interest of the child (see Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1209 [2009]; Matter of Laelani B., 59 AD3d at 882 ).
discussed Cited as authority (rule) In re Keegan JJ.
N.Y. App. Div. · 2010 · confidence medium
A judgment terminating parental rights may be suspended if the court concludes that “it is in the best interests of the child to allow the parent additional time to improve parenting skills and demonstrate his or her fitness to care for the child” (Matter of Kayla KK. [Tracy LL.], 68 AD3d 1207, 1208 [2009]; see Family Ct Act § 631 [b]; Matter of Anastasia FF., 66 AD3d at 1187 ; Matter of Joshua BB., 27 AD3d 867, 869 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Kayla KK., a Child Alleged to be Permanently Neglected. Otsego County Department of Social Services, Respondent Tracy LL.
Appellate Division of the Supreme Court of the State of New York.
Dec 3, 2009.
68 A.D.3d 1207
Kavanagh.
Cited by 13 opinions  |  Published
Kavanagh, J.

Eetitioner filed an emergency petition seeking the removal of Kayla KK. from respondent’s care soon after she had given birth to Kayla in 2007 on the grounds that a prior finding had been entered that respondent had neglected another daughter and that respondent continued to remain in an abusive relation[*1208] ship with Kayla’s father.[1] More than one year after Kayla was removed from respondent’s care and placed with petitioner, this proceeding was commenced alleging that Kayla was a permanently neglected child and that the parental rights of respondent and Kayla’s father should be terminated.[2] After a fact-finding hearing, Family Court adjudicated Kayla to be a permanently neglected child and, at the conclusion of the dispositional hearing that followed, terminated respondent’s parental rights. Respondent now appeals and we affirm.

Respondent does not dispute the finding that she permanently neglected Kayla. Her only contention is that Family Court, instead of immediately terminating her parental rights, should have issued a suspended judgment to give her another opportunity to develop her parental skills so that she could ultimately be reunited with Kayla. A suspended judgment may be issued if it is in the best interests of the child to allow the parent additional time to improve parenting skills and demonstrate his or her fitness to care for the child (see Family Ct Act § 631 [b]; Matter of Carlos R., 63 AD3d 1243, 1246 [2009], lv denied 13 NY3d 704 [2009]; Matter of Faith R., 56 AD 3d 982, 984 [2008]; Matter of Isaiah F., 55 AD3d 1004, 1006 [2008]; Matter of Angelica VV., 53 AD3d 732, 733 [2008]; Matter of Raine QQ., 51 AD3d 1106, 1106-1107 [2008], lv denied 10 NY3d 717 [2008]; Matter of Joshua BB., 27 AD3d 867, 869 [2006]). Here, although regularly visiting and interacting appropriately with Kayla while she was in petitioner’s charge, respondent has not, as found by Family Court, made measurable progress in addressing the parental deficiencies that put Kayla at risk and led to the child’s removal from her care. In fact, as Family Court aptly noted, there was simply no indication from the evidence presented during the hearings that respondent could ever “cope with day-to-day parenting.” In that regard, during the two years that Kayla has been in petitioner’s care, respondent, despite being provided with a myriad of services designed to address the difficulties that she routinely encountered as a parent, has made little appreciable progress in developing or improving her skills as a parent. In addition, her residence has often been found to be in an unsanitary condition due, in part, to respondent’s failure to properly care for pets that she insists on keeping on the premises. The apartment, as a result, is often in such a state of disarray that it is not a suitable abode for a young child.

[*1209] As important, respondent continued to have contact with Kayla’s father and allowed him to live in her apartment even though he has a history of engaging in abusive and assaultive behavior. Respondent’s insistence on maintaining this relationship is even more disturbing given the repeated warnings she has received that such contact could jeopardize any possibility she might have to be reunited with her child. Finally, it is impossible in the context of this proceeding to ignore the fact that Kayla, by all accounts, appears to be thriving in the care of her foster family, who has expressed an interest in adopting her. For these reasons, we are of the view that Family Court’s determination that termination of respondent’s parental rights was in Kayla’s best interests has a sound and substantial basis (see Matter of Laelani B., 59 AD3d 880, 882 [2009]; Matter of Angelica VV., 53 AD3d at 733; Matter of George M., 48 AD3d 926, 929 [2008]; Matter of Jayde M., 36 AD3d 1168, 1170 [2007], lv denied 8 NY3d 809 [2007]; Matter of Joshua BB., 27 AD3d at 869).

Peters, J.P, Rose, Kane and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.

1

Respondent has four children: three daughters, the oldest of whom was previously freed for adoption, and a son, who now lives with his paternal grandparents.

2

Kayla’s father voluntarily surrendered his parental rights on July 14, 2008.