Opinion
417 CAF 17–00208
03-23-2018
In the MATTER OF JOSHUA W., JR. Cattaraugus County Department of Social Services, Petitioner–Respondent; v. Joshua W., Sr., Respondent–Appellant.
ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR RESPONDENT–APPELLANT. WENDY G. PETERSON, OLEAN, FOR PETITIONER–RESPONDENT. STEVEN J. LORD, FRANKLINVILLE, ATTORNEY FOR THE CHILD.
ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR RESPONDENT–APPELLANT.
WENDY G. PETERSON, OLEAN, FOR PETITIONER–RESPONDENT.
STEVEN J. LORD, FRANKLINVILLE, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
Memorandum:In this proceeding pursuant to Social Services Law § 384–b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject child on the ground of permanent neglect and freed the child for adoption. Contrary to the father's contention, petitioner established " ‘by clear and convincing evidence that it made diligent efforts to encourage and strengthen the relationship between [the father] and the child’ " ( Matter of Alex C., Jr. [Alex C., Sr.], 114 A.D.3d 1149, 1149–1150, 980 N.Y.S.2d 187 [4th Dept. 2014], lv denied 23 N.Y.3d 901, 2014 WL 1704499 [2014] ; see § 384–b[3][g][i] ; [7][a] ). Among other things, petitioner arranged for the father's psychological examination, facilitated supervised visitation between the father and the child, attempted unsupervised visits, and provided referrals for various services.
Furthermore, "[a]lthough [the father] participated in [some of] the services offered by petitioner, [he] failed to address successfully the problems that led to the removal of the child[ ] and continued to prevent [his] safe return" ( Matter of Joanna P. [Patricia M.], 101 A.D.3d 1751, 1752, 957 N.Y.S.2d 552 [4th Dept. 2012], lv denied 20 N.Y.3d 863, 2013 WL 1235506 [2013] [internal quotation marks omitted]; see Matter of Christian C.–B. [Christopher V.B.], 148 A.D.3d 1775, 1777, 50 N.Y.S.3d 766 [4th Dept. 2017], lv denied 29 N.Y.3d 917, 2017 WL 3877620 [2017] ; Matter of Nicholas B. [Eleanor J.], 83 A.D.3d 1596, 1597, 921 N.Y.S.2d 762 [4th Dept. 2011], lv denied 17 N.Y.3d 705, 2011 WL 2566514 [2011] ). While the father completed parenting classes and a domestic violence class, he did not successfully complete mental health treatment or addiction and substance abuse treatment, and evidence that he was " ‘inconsistently applying the knowledge and benefits [he] obtained from the services provided [and] arguing with various service providers and professionals' sufficiently supported a finding that [he] failed to articulate a realistic plan for the child[ ]'s return to [his] care" ( Matter of Gerald G. [Orena G.], 91 A.D.3d 1320, 1321, 938 N.Y.S.2d 701 [4th Dept. 2012], lv denied 19 N.Y.3d 801, 2012 WL 1502759 [2012] ). The record contains no evidence that the father "provide[d] any ‘realistic and feasible’ alternative to having the child[ ] remain in foster care until the [father]'s release from prison," which "supports a finding of permanent neglect" ( Matter of Gena S. [Karen M.] [appeal No. 1], 101 A.D.3d 1593, 1594, 958 N.Y.S.2d 546 [4th Dept. 2012], lv dismissed 21 N.Y.3d 975, 970 N.Y.S.2d 744, 992 N.E.2d 1087 [2013] ; see Social Services Law § 384–b[7][c] ; Alex C., Jr., 114 A.D.3d at 1150, 980 N.Y.S.2d 187 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.