Opinion
2013-01-23
In the Matter of MEGAN L.G.H. (Anonymous). Harlem Dowling–Westside Center for Children and Family Services, et al., respondents; Theresa G.H. (Anonymous), appellant.
Osato Eugene Uzamere, Jamaica, N.Y., for appellant. James M. Abramson, PLLC, New York, N.Y., for respondent.
Osato Eugene Uzamere, Jamaica, N.Y., for appellant. James M. Abramson, PLLC, New York, N.Y., for respondent.
Frederic P. Schneider, New York, N.Y., attorney for the child.
RUTH C. BALKIN, J.P., PLUMMER E. LOTT, LEONARD B. AUSTIN, and SANDRA L. SGROI, JJ.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of fact-finding and disposition of the Family Court, Queens County (Arias, J.), dated December 20, 2011, which, upon her admission that she permanently neglected the subject child, and after a dispositional hearing, terminated her parental rights and transferred guardianship and custody of the subject child to the Harlem Dowling–Westside Center for Children and Family Services and the Commissioner of Social Services of the City of New York for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The mother contends that the Family Court's finding of permanent neglect, made upon her admission, was not based on legally sufficient evidence. However, her contention is unpreserved for appellate review given her failure to move before the Family Court to vacate her admission of permanent neglect ( see Matter of Aidan D., 58 A.D.3d 906, 908, 870 N.Y.S.2d 609;Matter of Atiba Andrew B., 275 A.D.2d 320, 321, 712 N.Y.S.2d 560). In any event, this claim is without merit. Contrary to the mother's contention, the Family Court did not err in finding that she permanently neglected the subject child even though the petitioning agency did not prove that it made diligent efforts to strengthen the parental relationship ( see Matter of Ayame O.–M., 63 A.D.3d 1069, 1071, 881 N.Y.S.2d 169;Matter of Fard Saleem G., 297 A.D.2d 677, 678, 747 N.Y.S.2d 107). The agency was not required to present such evidence because the mother admitted that she permanently neglected the child by failing to maintain suitable housing ( see Matter of Aaron S., 15 A.D.3d 585, 586, 790 N.Y.S.2d 208;Matter of Rita XX., 279 A.D.2d 901, 719 N.Y.S.2d 747).
Furthermore, under the circumstances of this case, the Family Court properly determined that it was in the best interests of the child to terminate the mother's parental rights ( see Matter of Anthony R. [Juliann A.], 90 A.D.3d 1055, 937 N.Y.S.2d 72;Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 923 N.Y.S.2d 653;Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 896 N.Y.S.2d 470;Matter of Desire Star H., 202 A.D.2d 582, 584, 609 N.Y.S.2d 268). Termination of parental rights will free the child for adoption, providing her with the opportunity to have a permanent family ( see Matter of Michael B., 80 N.Y.2d 299, 590 N.Y.S.2d 60, 604 N.E.2d 122;Matter of Anthony R. [Juliann A.], 90 A.D.3d 1055, 937 N.Y.S.2d 72;Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 923 N.Y.S.2d 653).
Moreover, a suspended judgment was not appropriate in light of the mother's lack of insight into her problems and her failure to acknowledge and address some of the issues which led to the child's removal in the first instance ( see Matter of Christopher T. [Margarita V.], 94 A.D.3d 900, 901, 941 N.Y.S.2d 876;Matter of Shaolin E.P. [Jettris P.], 91 A.D.3d 954, 955, 937 N.Y.S.2d 598;Matter of Anthony R. [Juliann A.], 90 A.D.3d 1055, 937 N.Y.S.2d 72;Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 923 N.Y.S.2d 653).