Thursday, November 29, 2012
State appellate court upholds permanent neglect by incarcerated father
Albany—An upstate appellate court has upheld a Tompkins
County Family Court ruling that terminated the parental rights of a convicted
felon and freed his children for adoption.
In a decision released Thursday (November 29, 2012), the
New York State Supreme Court’s Appellate Division held that the Tompkins County Department of Social
Services (“DSS) had made “diligent efforts to encourage and strengthen [the
father’s] relationship with his children,” and affirmed the decision of the
local Family Court that held the father had permanently neglected his
children.
According to the decision, the father is in state prison for
“attempted assault in the first degree,” and will not be eligible for parole until
October 2013. In January 2010, the
decision notes, the children (born in 2002 and 2003) were removed from their
mother's home on neglect allegations and placed in DSS custody.
After the children were placed, the court held, the children’s
caseworker provided the father with permanency reports and information about
his rights and responsibilities, facilitated written correspondence between him
and the children, and sent him photographs and sought his recommendations for a
home for the children while he was in jail.
However, the father’s recommendations proved unsuitable, the court said.
“[W]hen his relatives were rejected, the only alternative he
was able to propose was his homeless
girlfriend, who apparently had no relationship with the
children,” the court wrote.
In addition, the court rejected the father’s argument that
the DSS should have brought the children to his prison for visits, given their
ages, emotional concerns, and the distance between the prison and their foster
homes.
DSS “proved by clear and convincing evidence that it made
affirmative, repeated and meaningful
efforts” on behalf of the father and the children, the court
ruled. Therefore, it upheld the Family
Court’s ruling.
The real names of the father and the children were not
released in the court order, to protect their privacy.
The father was represented in the appeal by Ithaca attorney Pamela
B. Bleiwas. The DSS was represented by Joseph
Cassidy. Ovid attorney Steven J. Getman
was attorney for the children.
The complete court decision can be found here.
Friday, November 16, 2012
Legal links of interest: week ending November 16, 2012
Some of the stories about the law and lawyers in the news
this past week:
District Attorney acted in porn movies: Mark Suben, the Cortland County district attorney, admitted he acted in pornographic movies in the 1970s after denying it during his campaign.Ranchers, farmers brace for 'death tax' impact: When the Bush-era tax rates expire in January, rates increase to 55 percent on estates of $1 million or more, impacting family farms.Eight guilty pleas in$1 Million identity theft scheme: The identity theft ring used the stolen identities of hundreds of innocent victims, produced fake driver’s licenses, and stole over $1 million in merchandise, gift cards and store credits at Home Depot, Sears, Kmart, Kohl’s and other retail stores.Judge weighs delay in Penn St. whistleblower suit: A judge plans to rule within two weeks on Penn State's request to delay the whistleblower and defamation case filed by former assistant football coach Mike McQueary.Supreme Court grantsreview in important Voting Rights Act case: Critics charge the provision at issue is used to create racially gerrymandered, segregated voting districts.
Monday, November 5, 2012
Legal guide for New York property owners: recovery and rebuilding from Hurricane Sandy
The New York State Attorney General’s office has issued a guide to New Yorkers recovering from
Hurricane Sandy. The guide includes tips
on “how to avoid scams as they restore and rebuild their homes and businesses.”
The tips offered in the guide include information on hiring
a reputable contractor for property clean-up and repair, as well as how to
avoid and report illegal price gouging.
For more information, click here.
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