In the Matter of Cody X., Alleged to be an Abandoned Child (St. Lawrence County Department of Social Services v. Eugene X.)
Attorneys and Parties
Brief Summary
Family law—termination of parental rights for alleged abandonment.
Family Court adjudicated the child abandoned and terminated the father's parental rights under Social Services Law § 384-b (5) [permits termination of parental rights for abandonment upon clear and convincing proof that the parent failed to visit or communicate with the child or the agency during the six months preceding the petition].
The termination order; the abandonment petition was dismissed.
Although abandonment was proven, the child turned 18, refused to consent to adoption or continued foster care, and expressed the wish that the father remain his legal father. Considering these post-judgment developments, termination served no useful purpose.
Background
The father consented to a neglect finding in 2019, and the child was placed with the St. Lawrence County Department of Social Services (DSS). An order of protection (OOP) barred the father from contact with the child except as arranged or supervised by the agency; the OOP was repeatedly renewed and remained in effect. In April 2023, DSS filed an abandonment petition. Evidence showed the father had, at best, sporadic and insubstantial contact with the agency during the six months before filing. The father argued the OOP prevented contact, but the OOP allowed agency-authorized or supervised contact, and the record did not substantiate that the agency blocked such contact. Permanency reports initially reflected a goal of adoption, but the child later indicated he would not consent to adoption.
Lower Court Decision
After a fact-finding hearing, Family Court found clear and convincing evidence of abandonment based on the father's failure to visit or communicate with the child or the agency in the statutory six-month period, rejected the father's reliance on the OOP as an excuse, and terminated his parental rights.
Appellate Division Reversal
The Appellate Division agreed the record supported abandonment but reversed because subsequent developments could be considered on appeal: the child turned 18 shortly after the order, consistently refused to consent to adoption or remaining in foster care, and, through appellate counsel, expressed that he wants the father to remain his legal father. As termination would not further a useful purpose under these circumstances, the court reversed and dismissed the petition without remand.
Legal Significance
On appeal, New York courts may consider post-judgment developments in termination cases. Even where statutory abandonment is established, termination must serve a useful purpose in the child's best interests; where the child is over 18 and opposes adoption, termination may be unwarranted.
Proof of abandonment alone does not mandate termination—if a now-adult child refuses adoption and wants the parent to remain legal parent, New York courts may reverse termination as serving no useful purpose; an OOP does not excuse failure to maintain contact with the agency.