Matter of Matthew R. (Jaqueline R.)

Holding The Appellate Division affirmed the Family Court’s determination that the child was permanently neglected, finding that the petitioner made diligent efforts to reunify the family while the mother failed to plan for the child’s future. The court held that the mother’s challenge to the termination of parental rights was moot due to the child’s adoption, but the permanent neglect finding remained reviewable due to its significant stigma.

The court’s words

the child was adopted during the pendency of this appeal and, notwithstanding the mother's claim to the contrary, this renders her challenge to the disposition moot

2026 NY Slip Op 06180, at the official text

the mother's challenge to the underlying finding of permanent neglect remains live, however, as that adjudication carries a permanent and significant stigma

2026 NY Slip Op 06180, at the official text

the references to abandonment were clearly scrivener's errors that did not impact the substantial rights of the mother under those circumstances

2026 NY Slip Op 06180, at the official text

the petitioner bears the burden of proving by clear and convincing evidence, first, that it made such diligent efforts, and, second, that the respondent failed to plan for the child's future

2026 NY Slip Op 06180, at the official text

the mother had not meaningfully planned for the child's future during the years that he was in petitioner's care

2026 NY Slip Op 06180, at the official text