Opinion
2011-10-13
In re JANELL J., and Another, Dependent Children Under the Age of Eighteen Years, etc.,Shanequa J., Respondent–Appellant,Cardinal McCloskey Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant.Geoffrey P. Berman, Larchmont, for respondent.Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), attorney for the children.
Steven N. Feinman, White Plains, for appellant.Geoffrey P. Berman, Larchmont, for respondent.Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), attorney for the children.
Orders of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about September 24, 2010, 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 Social 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] ). The record shows that the agency made diligent efforts to encourage and strengthen respondent's relationship with her children by referring her to counseling, parenting skills and anger management courses, and by scheduling regular supervised visitation ( see Matter of Jonathan M., 19 A.D.3d 197, 797 N.Y.S.2d 51 [2005], lv. denied 5 N.Y.3d 798, 801 N.Y.S.2d 560, 835 N.E.2d 329 [2005] ). Although respondent completed many of the services to which she was referred, she failed to gain insight into her parenting problems and thus failed to adequately plan for the children's future ( see Matter of Mark Eric R. [ Juelle Virginia G.], 80 A.D.3d 518, 915 N.Y.S.2d 262 [2011] ).
A preponderance of the evidence supports the finding that it is in the children's best interests to terminate respondent's parental rights and free the children for adoption by their foster mother, with whom they have lived for several years ( 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 the children have bonded with the foster mother, who wishes to adopt them, and have thrived under her care. By contrast, respondent made no progress in counseling.
Under the circumstances, a suspended judgment is not warranted ( see Matter of Juan A. [ Nhaima D.R.], 72 A.D.3d 542, 543, 898 N.Y.S.2d 838 [2010] ).