In re Rita XX., 279 A.D.2d 901 (N.Y. App. Div. 3d Dep't 2001). · Go Syfert
In re Rita XX., 279 A.D.2d 901 (N.Y. App. Div. 3d Dep't 2001). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 2 distinct courts.
Cited for
At page 903 Finding termination in best interests of child4 citing cases“Under these circumstances, and affording due deference to Family Court’s resolution of credibility issues (see, id., at 810), we find that Family Court properly afforded little weight to this recent conduct on the part of the father (see, Matter of Todd Anthony C., 220 AD2d 206; compare, Matter ofM…”the opinion's own words at *903
  • In re Brandon OO., 304 A.D.2d 873 (N.Y. App. Div. 3d Dep't 2003).published
    Given the foster parents’ desire to adopt both of them, and respondent’s failure to prepare herself and a suitable home to meet the children’s needs, Family Court properly determined that termination of respondent’s parental rights was in…
  • In re Tabitha BB., 304 A.D.2d 875 (N.Y. App. Div. 3d Dep't 2003).published
    Given respondent’s failure to prepare herself to meet the child’s needs, Family Court properly determined that termination of respondent’s parental rights was in the best interests of the child (see id. at 773; Matter of Rita XX., 279 AD2d…
  • In re Cassandra JJ., 284 A.D.2d 619 (N.Y. App. Div. 3d Dep't 2001).published
    Family Court properly afforded little weight to respondent’s self-serving statements at the hearing in light of her past attitudes and conduct (see, id., at 903).
  • In re Amanda C., 281 A.D.2d 714 (N.Y. App. Div. 3d Dep't 2001).published
    Considering the totality of the circumstances herein, including, inter alia, the prospect of long-term foster care for the children and respondent’s failure to make sufficient progress in overcoming the problems that precipitated the remov…
At page 902 Parental rights termination based on admission of neglect4 citing cases“We reject the argument by the children’s mother, respondent Gladys XX. (hereinafter the mother), that petitioner failed to prove the elements of permanent neglect at the dispositional hearing.”the opinion's own words at *902 · 3 listed here
  • In re Katie I., 116 A.D.3d 1309 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    However, his knowing, voluntary and intelligent admissions — made in open court and with the assistance of counsel — satisfied petitioner’s burden and dispensed with the need for petitioner to put forth any further evidence on that issue (…
  • In re Aidan D., 58 A.D.3d 906 (N.Y. App. Div. 3d Dep't 2009).published
    In cases where, as here, a parent admits to permanent neglect, there is no need for the agency to put forth evidence establishing—nor is it necessary for the court to determine— that the agency had exercised diligent efforts to strengthen…
  • In re Willard L., 23 A.D.3d 964 (N.Y. App. Div. 3d Dep't 2005).published
    Finally, given the history of domestic violence here, which continued after respondent completed counseling, the multiple violations of orders of protection against respondent, his admitted possession of cocaine, arrests and incarceration,…
Retrieving the full opinion text from the archive…
In the Matter of Rita XX. and Another, Children Alleged to be Permanently Neglected. Broome County Department of Social Services, Respondent Gladys XX.
Appellate Division of the Supreme Court of the State of New York.
Jan 25, 2001.
Published opinion
279 A.D.2d 901
2001 N.Y. App. Div. LEXIS 698
Carpinello.
Cited by 14 opinions  |  Published
Carpinello, J.

Appeal from an order of the Family Court of Broome County (Ray, J.), entered July 26, 1999, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondents’ children to be permanently neglected, and terminated respondents’ parental rights.

Respondents are the biological parents of Rita XX. (born in September 1987) and Mary XX. (born in November 1988), both of whom were placed in petitioner’s custody in August 1996 as a result of physical abuse perpetrated on the older child by her father, respondent Daniel XX. (hereinafter the father). In February 1997, respondents were adjudicated to have neglected and abused the children and were Ordered to participate in various services. One year later, petitioner filed the instant petition seeking termination of their rights on the ground of permanent neglect (see, Social Services Law § 384-b [7] [a]). After finding the children to be permanently neglected based on respondents’ admissions to substantial portions of the allegations in the petition, Family Court postponed the dispositional[*902] hearing for six months. After several additional extensions, the dispositional hearing was ultimately held, resulting in an order terminating respondents’ parental rights and committing the custody of the children to petitioner. Respondents appeal.

We reject the argument by the children’s mother, respondent Gladys XX. (hereinafter the mother), that petitioner failed to prove the elements of permanent neglect at the dispositional hearing. The mother’s admission that she permanently neglected her children dispensed with the need by petitioner to put forth any evidence on this issue at the fact-finding hearing (see, Matter of Fay H., 103 AD2d 977; see also, Matter of Patricia O., 175 AD2d 870, 871; Matter of Debra Ann D., 133 AD2d 83, 84). The only issue before Family Court at the dispositional hearing was the appropriate disposition in light of the children’s best interests (see, Family Ct Act § 631; see, Matter of Star Leslie W., 63 NY2d 136, 147; Matter of Fay H., supra).

As to Family Court’s disposition in this matter — termination of both respondents’ parental rights — we find no basis to disturb it. According to the testimony of Elizabeth Olmstead, the caseworker assigned to respondents’ case, numerous service plans were designed for respondents which required, inter alia, each parent to attend parenting classes and mental health evaluations and to undergo counseling (the mother was to undergo crime victims counseling and the father was to undergo domestic violence and anger management counseling). Olmstead testified, however, that both respondents failed to substantially participate in or complete their service plan recommendations. While she acknowledged that respondents did essentially complete one set of parenting classes In December 1996, she nevertheless opined that they did not appear to benefit from those classes. According to Olmstead, the mother was unable to discipline the children during visits— which Olmstead described as “out of hand” and “chaotic” — and the father made argumentative and inappropriate statements about the court proceedings in front of them. Indeed, his visitation was subsequently terminated because of this conduct.

It was also established through Olmstead’s testimony that prior to the filing of the permanent neglect petition, respondents did not participate in required counseling and that since its filing each made efforts at attending, but the mother failed to complete same and the father was discharged for failing to participate. In addition, the father’s anger management counselor testified at the hearing that, although the father attended sessions following Family Court’s adjudication of permanent neglect, he denied that he had an anger problem during the[*903] sessions and was unwilling to change. In fact, he was eventually discharged from this group because he stopped attending. Based upon the evidence adduced at the dispositional hearing — which established that respondents have been uncooperative with petitioner and have not made sufficient progress in overcoming the problems of domestic violence that precipitated the removal of the children in the first instance (see, Matter of Michael W., 266 AD2d 884; Matter of Victoria B., 185 AD2d 811; Matter of Kandu Anthony Y., 166 AD2d 653) — we find no basis to disturb Family Court’s determination that termination of respondents’ parental rights was in the best interests of their children, particularly in light of their voluntary admissions to material allegations in the petition (see, Matter of Nicole OO., 262 AD2d 808, 810).

We also specifically reject the father’s argument that Family Court did not adequately assess the “progress” he had made during the period between the fact-finding and dispositional hearings. According to the father, he came under the care of a psychiatrist who prescribed a regimen of medications that was assisting him with his anxiety problems. To be sure, he did begin seeing a psychiatrist in February 1999 — eight months after the court adjudicated the children permanently neglected— but his own testimony at the hearing confirmed a continued denial of his problem controlling anger. Under these circumstances, and affording due deference to Family Court’s resolution of credibility issues (see, id., at 810), we find that Family Court properly afforded little weight to this recent conduct on the part of the father (see, Matter of Todd Anthony C., 220 AD2d 206; compare, Matter ofMychael S., 203 AD2d 890).

Cardona, P. J., Mercure, Spain and Rose, JJ., concur. Ordered that the order is affirmed, without costs.