Facts
- Morgan Anne Self and James Reed are the biological parents of T., N., and M.; the Department of Social Services (DSS) became involved in March 2022 following a severe dog attack on M. [lines=45-46].
- Following the incident, DSS found unsanitary conditions in the home and concerns over the parents' neglectful response, leading to the emergency removal of all three children. [lines=82-85].
- The juvenile court found both parents stipulated to abuse or neglect, and the children were placed in foster care with goals for family reunification. [lines=88-91].
- A parental capacity evaluation diagnosed mother with major depressive disorder and identified significant deficits in her protective capabilities and independence [lines=103-108].
- Despite mother's participation in services, she failed to demonstrate improvement in her ability to care for her children, leading DSS to petition for the termination of her parental rights. [lines=165-172].
Issues
- Whether the court erred in finding sufficient evidence to terminate mother’s residual parental rights based on her inability to remedy conditions necessitating the children's foster care. [lines=184-197].
- Whether the court properly terminated parental rights under Code § 16.1-283(B). [lines=276-289].
Holdings
- The court found the evidence sufficient to terminate mother’s residual parental rights pursuant to Code § 16.1-283(C)(2) due to her failure to improve her protective capabilities despite her participation in services. [lines=245-259].
- As the termination was upheld under Code § 16.1-283(C)(2), the court did not address the validity of termination under § 16.1-283(B). [lines=288-289].
OPINION
Case Information
*1 Case 1:24-cv-00997-VEC-GS Document 96 Filed 12/06/24 Page 1 of 2
USDC SDNY DOCUMENT ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT DOC #: 12/6/2024 SOUTHERN DISTRICT OF NEW YORK DATE FILED: -------------------------------------------------------------- X THE HANDEL GROUP LLC & LAUREN : HANDEL ZANDER, :
: Plaintiffs, : 24-CV-997 (VEC) : -against- : ORDER : BETH HANDEL, SHIR NIR, ANDREW : YOUMANS, AGATA BIELICKI, LINDA : COLLETTA, GABRIELLA JORDAN A/K/A : GABY JORDAN, OSNAT NISSANI, CASEY : SEIDENBERG, CHRISA ZINDROS-BOYCE, : TYREEK MOORE, BETTINA WERTHEIM, : SALLY MAXWELL, ZACH MAXWELL, : HARRISON NIR, SOPHIE NIR, MARNIE NIR : and KIBBUTZ & CO. LLC, :
: :
Defendants. : -------------------------------------------------------------- X
VALERIE CAPRONI, United States District Judge:
WHEREAS on December 5, 2024 (Dkt. 95), the parties notified the Court that an agreement was reached on all issues; and IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys’ fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case.
Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties’ settlement Page 1 of 2 *2 Case 1:24-cv-00997-VEC-GS Document 96 Filed 12/06/24 Page 2 of 2 and must be filed within 30 days . Any request filed after 30 days or without a showing of good cause may be denied solely on that basis.
Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period : (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court’s Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States , 791 F.3d 354 (2d Cir. 2015).
SO ORDERED.
_________________________________ ____________ ____________________________________________ Date: December 6, 2024 VALERIE CAPRONNNNNNNNNNNNNNNNNI VALERIE CAPRONI New York, NY United States District Judge Page 2 of 2