Matter of Iris YY. (Jasmine WW.-David XX.)

Holding The Appellate Division affirmed the termination of the mother’s parental rights, finding that she violated the terms of her suspended judgment by failing to maintain consistent visitation, engage in mental health counseling, and keep a safe residence. The court determined that the Family Court’s credibility determinations were supported by a sound and substantial basis in the record.

The court’s words

A suspended judgment is intended to provide a parent who has permanently neglected his or her children with a brief period within which to become a fit parent with whom the children can be reunited in safety

2026 NY Slip Op 06190, at the official text

A parent's noncompliance with the terms of the suspended judgment during this grace period, if established by a preponderance of the evidence, may end with revocation of the suspended judgment and termination of his or her parental rights

2026 NY Slip Op 06190, at the official text

the mother's admission of permanent neglect relieved petitioner of its burden to prove that it made diligent efforts to strengthen the parental relationship

2026 NY Slip Op 06190, at the official text

a parent's failure to comply with the conditions of a suspended judgment does not automatically compel termination of parental rights, that noncompliance constitutes strong evidence that termination is, in fact, in the best interests of the child

2026 NY Slip Op 06190, at the official text