Opinion
2013-05-2
In re DIANA ANGELA BEDOLLA F., A Dependent Child Under the Age of Eighteen, etc., Teresa F., etc., Respondent–Appellant, Catholic Home Bureau for Dependent Children, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.
Geoffrey P. Berman, Larchmont, for appellant. Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Adira Hulkower of counsel), attorney for the child.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about June 21, 2011, which, upon granting petitioner's application to be excused from making diligent efforts to reunite the family and upon a finding of permanent neglect, terminated the mother's parental rights to the child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
The petitioning agency demonstrated, by clear and convincing evidence, that diligent efforts to encourage the parent-child relationship would be detrimental to the child, and not in her best interests, in light of the mother's role in the death of the child's infant brother ( see Matter of Sharlese Danielle S., 304 A.D.2d 469, 758 N.Y.S.2d 316 [1st Dept. 2003] ).
The finding of permanent neglect is supported by the clear and convincing evidence that the mother had no plan for Diana's future and failed to accept responsibility for causing the death of her son and maltreating the subject child ( see Matter of Emily Rosio G. [Milagros G.], 90 A.D.3d 511, 934 N.Y.S.2d 306 [1st Dept. 2011] ). Although the mother was incarcerated, her incarceration did not relieve her of the responsibility to plan for her child ( see Matter of Tiffany A., 295 A.D.2d 288, 744 N.Y.S.2d 669 [1st Dept. 2002];Matter of Derrick A., 197 A.D.2d 487, 488, 603 N.Y.S.2d 11 [1st Dept. 1993] ).
The evidence further supported the court's finding that termination of the mother's parental rights was in the best interests of Diana ( see Matter of Aisha C., 58 A.D.3d 471, 871 N.Y.S.2d 112 [1st Dept. 2009],lv. denied 12 N.Y.3d 706, 879 N.Y.S.2d 53, 906 N.E.2d 1087 [2009] ).