Matter of J.M.W. (Kassandra F.W.)

Holding The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence that she failed to plan for the child’s future despite the agency’s diligent efforts. The court found that the mother’s failure to attend the majority of scheduled visits and therapy sessions, combined with her lack of credible testimony, justified the Family Court’s decision.

The court’s words

The finding of permanent neglect was supported by clear and convincing evidence that despite the agency's diligent efforts to encourage and strengthen the parental relationship, the mother failed to plan for the child's future during the statutory period

2026 NY Slip Op 05615, at the official text

Although financially and physically able to visit the child consistently, the mother failed to do so, attending less than half of the scheduled visits and therapy sessions

2026 NY Slip Op 05615, at the official text

The record does not support the mother's characterization of the case planner's testimony as false and misleading. Neither the alleged discrepancies in the testimony nor the case planner's communications with the foster parent undermine the testimony with respect to her outreach efforts

2026 NY Slip Op 05615, at the official text