Matter of Dennis X.G.D.V.
153 A.D.3d 628
| N.Y. App. Div. | 2017Background
- Child filed a Family Court article 6 petition (April 2015) seeking appointment of his father as guardian and a specific judicial finding to support an SIJS petition.
- Family Court (Mar 29, 2016) found child under 21, unmarried, dependent on the court, and that return to El Salvador was not in his best interests, but denied the specific finding that reunification was not viable due to parental neglect.
- Child moved for renewal and reargument; Family Court (Aug 22, 2016) adhered to its original denial of the neglect finding.
- Appellate court reviewed the record de novo with respect to credibility because the trial court’s credibility findings were not supported by the record.
- Record evidence: child prevented from attending school by gang violence, mother did not arrange available transportation and told him to stay home, child was expelled for tardiness and failed seventh grade, and mother left the then-eight-year-old home alone at night in a violent neighborhood.
Issues
| Issue | Child's Argument | Mother's/Family Court's Argument | Held |
|---|---|---|---|
| Whether reunification with parent is not viable due to parental neglect | Mother failed to meet educational and supervisory needs; reunification not viable | Court found child not credible and mother a continuing resource | Reunification not viable due to parental neglect (motion granted on renewal) |
| Whether appellate court should defer to Family Court credibility findings | Child: record contradicts credibility finding; appellate court may reassess if unsupported | Family Court: credibility determinations entitled to deference | Appellate court conducted independent review and rejected trial court credibility finding because record did not support it |
| Whether the record supports making the SIJS-required specific findings without remand | Child: record sufficient for appellate court to make findings | Implicit: trial court should have resolved at hearing; defense relied on court’s credibility conclusions | Appellate court made its own findings and vacated trial court’s contrary determination |
Key Cases Cited
- Matter of Marvin E.M. de P. [Milagro C.C.—Mario Enrique M.G.], 121 A.D.3d 892 (discusses SIJS parental-viability and best‑interests requirements)
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.D.3d 619 (SIJS findings: reunification and best‑interests standards)
- Matter of Trudy‑Ann W. v Joan W., 73 A.D.3d 793 (SIJS eligibility framework)
- Matter of Wilson A.T.Z. [Jose M.T.G.—Manuela Z.M.], 147 A.D.3d 962 (parental failure to meet educational needs as neglect)
- Matter of Varinder S. v Satwinder S., 147 A.D.3d 854 (appellate court may make SIJS findings where record suffices)