Opinion
2013-02-26
In re ASHLEY R., and Others, Dependent Children under Eighteen Years of Age, etc., Latarsha R., Respondent–Appellant, Catholic Guardianship Society and Home Bureau, Petitioner–Respondent.
Israel P. Inyama, New York, For appellant. Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.
Israel P. Inyama, New York, For appellant.Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), attorney for the children Alexis Kaliyah H., Anthony Kenneth H., Ashley R., and Treyvaughn Andrew H.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child Jayquan Tyrik R.
, J.P., SAXE, MOSKOWITZ, DeGRASSE, ROMÁN, JJ.
Orders of fact-finding and disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about April 21, 2011, which, to the extent appealable, upon a finding of permanent neglect as to the five subject children, terminated respondent mother's parental rights to three of the children, Treyvaughn, Anthony, and Alexis, and transferred custody of those children to petitioner agency Catholic Guardianship Society and Home Bureau for the purpose of adoption, unanimously affirmed, without costs. Appeal from that portion of the orders which granted a suspended judgment with respect to the other two children, Ashley and Jayquan, unanimously dismissed, without costs.
Petitioner agency met its burden of establishing, by clear and convincing evidence that all five of the subject children were permanently neglected ( seeSocial Services Law § 384–b[7][a] ). Petitioner made diligent efforts to strengthen and encourage the parent-children relationship by, among other things, scheduling and facilitating visitation with the children and referring respondent for various parenting programs and mental health services ( see e.g. In re Sheila G., 61 N.Y.2d 368, 381, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984];Matter of O. Children, 128 A.D.2d 460, 464, 513 N.Y.S.2d 153 [1st Dept. 1987] ). Despite such efforts, respondent did not seem to improve or gain insight into the children's care or the reasons for their placement in foster care ( see In re Irene C., 68 A.D.3d 416, 889 N.Y.S.2d 574 [1st Dept. 2009] ).
In addition, respondent's visitation with the children remained consistently poor. During the majority of the supervised visits, respondent was unable to control the children's behavior, the visits erupted into violence and respondent failed to engage or bond with the children. Moreover, respondent could not handle the children during the few unsupervised, overnight visits, and, on at least one occasion, one child returned from an extended visit with visible bruises and welts ( see In re Toshea C.J., 62 A.D.3d 587, 587, 880 N.Y.S.2d 36 [1st Dept. 2009] ).
As to Anthony, Alexis and Treyvaughn, a preponderance of the evidence supported the determination that it was in their best interests to terminate respondent's parental rights and free them for adoption by their foster parents, who wish to adopt them, have provided a loving and stable home for all three children, and have met the children's special needs ( see In re Anthony P., 84 A.D.3d 510, 511, 922 N.Y.S.2d 373 [1st Dept. 2011]; In re Racquel Olivia M., 37 A.D.3d 279, 280, 830 N.Y.S.2d 96 [1st Dept. 2007] ).
The appeal from that portion of the orders granting a one-year suspended judgment with respect to Ashley R. and Jayquan R., is moot since the term has expired ( see Matter of Jonathan F., 3 A.D.3d 336, 769 N.Y.S.2d 886 [1st Dept. 2004] ).