Opinion
04-25-2017
In re CERENITHY B., and Others, Dependent Children Under the Age of Eighteen Years, etc., Ecksthine B., et al., Respondents–Appellants, Good Shepherd Services, Petitioner–Respondent.
Steven Feinman, White Plains, for Ecksthine B, appellant. Larry S. Bachner, Jamaica, for Christian B., appellant. Law Office of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent. Aleza Ross, Patchogue, attorney for the children Cerenithy B. and Anthalys B. Andrew J. Baer, New York, attorney for the child Christialys B.
Steven Feinman, White Plains, for Ecksthine B, appellant.
Larry S. Bachner, Jamaica, for Christian B., appellant.
Law Office of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent.
Aleza Ross, Patchogue, attorney for the children Cerenithy B. and Anthalys B.
Andrew J. Baer, New York, attorney for the child Christialys B.
FRIEDMAN, J.P., RICHTER, FEINMAN, GISCHE, GESMER, JJ.
Orders (one for each subject child), Family Court, New York County (Douglas E. Hoffman, J.), entered on or about February 17, 2016, which, upon findings of permanent neglect, terminated respondents' parental rights to the subject children and transferred custody of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that despite the agency's diligent efforts to encourage and strengthen the parental relationship, respondents failed to plan for the children's future (see Social Services Law § 384–b[7][a] ). The agency made diligent efforts by, among other things, referring respondents for various parenting programs and mental health services, as well as by scheduling visitation with the children (see Social Services Law § 384–b[7][f] ; see also Matter of Marissa Tiffany C–W. [Faith W.], 125 A.D.3d 512, 512, 1 N.Y.S.3d 802 [1st Dept.2015] ).Despite these efforts, the mother continually failed to respond to the agency's attempts to make contact with her (see Matter of Star Leslie W., 63 N.Y.2d 136, 144, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ; Matter of Travis Devon B., 295 A.D.2d 205, 205, 743 N.Y.S.2d 498 [1st Dept.2002] ), and failed to undergo a mental health evaluation, engage in mental health treatment and visit with the children consistently (Matter of Jaileen X.M. [Annette M.], 111 A.D.3d 502, 974 N.Y.S.2d 440 [1st Dept.2013], lv. denied 22 N.Y.3d 859, 2014 WL 113785 [2014] ). She also gained no insight into the reasons for the children's placement in foster care, nor benefitted from the limited services with which she complied (id. ).
The father, despite being diagnosed as bipolar, likewise failed to remain consistently engaged in mental health services, nor was there any update as to his mental health status, other than that he was severely depressed and not taking medication (see Matter of Jonathan Jose T., 44 A.D.3d 508, 509, 843 N.Y.S.2d 326 [1st Dept.2007] ). While he visited with the children consistently, on alternate weekends, his visitation never progressed beyond supervised visits at his mother's home, during which his mother primarily cared for the children (see id. ).
The record supports Family Court's determination that the children's interests would best be served by terminating respondents' parental rights to free the children for adoption by their long-term foster mother, who has met all of their needs (see Matter of Star Leslie W., 63 N.Y.2d at 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 ). Despite engaging in services, some belatedly, there was no indication that the mother was able to care for the children or would be able to do so in the future. Similarly, the father's home was found to be unsuitable for the children, and there was no evidence that he was ready to care for them (see Matter of Olushola W.A., 41 A.D.3d 179, 180, 838 N.Y.S.2d 54 [1st Dept.2007] ). Under the circumstances, a suspended judgment is not warranted (see Matter of Julianna Victoria S. [Benny William W.], 89 A.D.3d 490, 491, 934 N.Y.S.2d 91 [1st Dept.2011], lv. denied 18 N.Y.3d 805, 2012 WL 400041 [2012] ).
The father failed to preserve his argument regarding the Americans with Disabilities Act of 1990 (see Matter of Toshea C.J., 62 A.D.3d 587, 587, 880 N.Y.S.2d 36 [1st Dept.2009] ). Were we to review it, we would find it unavailing.