Matter Sandra J. Klug Book Reviews

Matter Sandra J. Klug by Supreme Court of New York Book Summary

[32 A.D.2d 915 Page 915] Order of the Family Court, entered January 2, 1969, dismissing the petition, reversed on the law and the facts, without
costs or disbursements, and the matter remanded for further proceedings consistent with this memorandum. In this proceeding
under article 6 of the Family Court Act, for permanent termination of parental custody of a child and to award custody to
the petitioner agency, the Family Court, after a hearing, found that petitioner had not demonstrated "by a fair preponderance
of the evidence" that it had "made diligent efforts to encourage and strengthen the parental relationship" as required by
sections 614 and 622 of the Family Court Act. The chief support in the record for that finding is evidence of efforts by the
petitioner to help the mother surrender the child for the sake of the child and the mother. Under the unusual circumstances
of this case, that proof, alone, does not dictate a finding that the agency failed to meet the obligations imposed by the
statute. The agency's records in evidence support the conclusion that the agency did comply with the requirements of subdivision
(c) of section 614. It was, therefore, error for the Family Court to assign such decisive weight to that factor and to consider
itself thereby restricted by the statute under which the court could terminate parental rights. At the new hearing further
proof of this critical issue should be adduced. The court should also permit the petitioner to submit proof in support of
its allegation (required by 614, subd. [d]) that the parent has failed for a period of more than one year substantially
and continuously to maintain contact with and plan for the future of the child although physically and financially able to
do so. The court made no finding upon this allegation. The mother's present financial and physical ability to care for her
child should be inquired into, as well as her ability or lack of ability to substantially plan for the future of the child.
Whether the requirements of article 6, part I, of the Family Court Act have been complied with should [32 A.D.2d 915 Page
916]

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