From Casetext: Smarter Legal Research

In re Thomas

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1289 (N.Y. App. Div. 2006)

Opinion

No. CAF 05-01720.

December 22, 2006.

Appeal from an order of the Family Court, Chautauqua County (Judith S. Claire, J), entered July 13, 2005 in a proceeding pursuant Social Services Law § 384-b. The order adjudged that respondent is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the child, transferred the guardianship and custody rights of respondent to petitioner and authorized petitioner to consent to the adoption of the child.

KATHLEEN E. CASEY, BARKER, FOR RESPONDENT-APPELLANT.

BARBARA L. WIDRIG, MAYVILLE, FOR PETITIONER-RESPONDENT.

RONALD A. SZOT, LAW GUARDIAN, DUNKIRK, FOR THOMAS B.

Before: Scudder, P.J., Martoche, Centra and Pine, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by remitting the matter to Family Court, Chautauqua County, for further proceedings in accordance with the memorandum and as modified the order is affirmed without costs.

Memorandum: On appeal from an order terminating her parental rights with respect to her child on the ground of mental illness ( see Social Services Law § 384-b [c]), respondent contends that Family Court should have made a provision for posttermination contact between respondent and her child. In view of the evidence at the hearing that it would be in the child's best interests to have continued contact with respondent, we conclude that posttermination contact between respondent and her child may be appropriate under the circumstances of this case ( see Matter of Kahlil S., 35 AD3d 1164 [2006]). We therefore modify the order by remitting the matter to Family Court to determine, following a further hearing if necessary, whether posttermination contact between respondent and her child is in the child's best interests ( see id.).


Summaries of

In re Thomas

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1289 (N.Y. App. Div. 2006)
Case details for

In re Thomas

Case Details

Full title:In the Matter of THOMAS B., an Infant. CHAUTAUQUA COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 2006

Citations

35 A.D.3d 1289 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9927
825 N.Y.S.2d 416

Citing Cases

In re Hailey ZZ.

The Appellate Division affirmed ( see Matter of Kahlil S., 60 A.D.3d 1450, 876 N.Y.S.2d 310 [4th Dept.2009],…

In the Matter of Lestariyah A.Monroe County Dep't of Human Serv.

io J., 61 A.D.3d 1437, 1438, 877 N.Y.S.2d 790, quoting Family Ct. Act § 633[b]; see Matter of Lourdes O., 52…