Opinion
2011-11-10
In re ARNEL ASHLEY B., and Others, Dependent Children Under the Age of Eighteen Years, etc.,Cynthia T., etc., Respondent–Appellant,Edwin Gould Services for Children and Families, et al., Petitioners–Respondents.
Lisa H. Blitman, New York, for appellant.John R. Eyerman, New York, for respondents.Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Lisa H. Blitman, New York, for appellant.John R. Eyerman, New York, for respondents.Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Orders, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about November 4, 2009, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence (Social Services Law § 384–b[7][a], [f]; [3][g][i] ). The record shows that the agency exercised diligent efforts to encourage and strengthen respondent's relationship with the children by, among other things, creating a regular visitation schedule and service plan, inviting respondent to service plan review meetings, and referring her to parenting skills class and a drug treatment program ( see Matter of Adante A., 38 A.D.3d 243, 832 N.Y.S.2d 500 [2007] ). The record also shows that despite the agency's efforts, the mother failed for the relevant time period to plan for the children's future and ameliorate the behavioral problems that resulted in their placement ( Matter of Khalil A. [Sabree A.], 84 A.D.3d 632, 633, 923 N.Y.S.2d 107 [2011] ).
A preponderance of the evidence supports the determination that it is in the best interests of the children to terminate respondent's parental rights ( see Family Ct. Act § 631; Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The record shows that respondent has not addressed her behavioral problems, and that the children wish to be adopted by the foster mother, with whom they have lived for over 10 years ( see Matter of Alyssa M., 55 A.D.3d 505, 506, 869 N.Y.S.2d 10 [2008] ). The children have thrived in the foster mother's care, and the foster mother testified that she would continue to facilitate
the children's visits with their siblings after their adoption ( Matter of Victoria Marie P., 57 A.D.3d 282, 283, 871 N.Y.S.2d 4 [2008], lv. denied 12 N.Y.3d 706, 879 N.Y.S.2d 52, 906 N.E.2d 1086 [2009] ). An alternative disposition is not warranted by respondent's testimony that she wanted to participate in family therapy or that the children wished to maintain contact with her ( see Matter of Mykle Andrew P., 55 A.D.3d 305, 306, 865 N.Y.S.2d 50 [2008] ).