Opinion
2014-08810 2014-08812 (Docket Nos. B-3054-14 B-3055-14)
11-18-2015
In the Matter of JAMES T.L. (Anonymous). Suffolk County Department of Social Services, respondent; Robert L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Blake T.L. (Anonymous). Suffolk County Department of Social Services, respondent; Robert L. (Anonymous), appellant. (Proceeding No. 2).
Glenn Gucciardo, Northport, N.Y., for appellant. Dennis M. Brown, County Attorney, Centarl Islip, N.Y. (Christina E. Farrell of counsel), for respondent. Robert C. Mitchell, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
Glenn Gucciardo, Northport, N.Y., for appellant.
Dennis M. Brown, County Attorney, Centarl Islip, N.Y. (Christina E. Farrell of counsel), for respondent.
Robert C. Mitchell, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
Opinion
Appeal from (1) an order of the Family Court, Suffolk County (David Freundlich, J.), dated August 13, 2014, and (2) an order of that court dated August 18, 2014. The orders, insofar as appealed from, after a fact-finding hearing, determined that the father permanently neglected the subject children, James T.L. and Blake T.L.
ORDERED that orders are affirmed insofar as appealed from, without costs or disbursements.
The petitioner established, by clear and convincing evidence, that it exercised diligent efforts to encourage and strengthen the parent-child relationship by, inter alia, scheduling visits between the father and the subject children, providing referrals for court-ordered programs, and advising the father of the importance of complying with the court's directives (see Matter of Angel M.R.J., 124 A.D.3d 657, 1 N.Y.S.3d 347; Matter of Kaydance H.G. [Carmen M.], 122 A.D.3d 630, 995 N.Y.S.2d 601; Matter of Dianelys T.W. [Malik W.], 121 A.D.3d 801, 994 N.Y.S.2d 181; Matter of Tamara F.J. [Jaineen J.], 108 A.D.3d 543, 543–544, 969 N.Y.S.2d 119; Matter of John M. [Raymond K.], 82 A.D.3d 1100, 919 N.Y.S.2d 346; Matter of Danielle Joy K., 60 A.D.3d 948, 875 N.Y.S.2d 257). Despite these efforts, the father failed to plan for the return of the subject children by failing to attend a substance abuse treatment program for at least one year following the children's entrance into foster care (see Matter of Angel M.R.J., 124 A.D.3d 657, 1 N.Y.S.3d 347; Matter of Jonathan B. [Linda S.], 84 A.D.3d 1078, 923 N.Y.S.2d 638; Matter of David O.C., 57 A.D.3d 775, 870 N.Y.S.2d 389; Matter of Jonathan P., 283 A.D.2d 675, 724 N.Y.S.2d 213; see also Matter of Daniella C.G., 25 A.D.3d 494, 808 N.Y.S.2d 213). Although the father completed a parenting course, submitted to a forensic health evaluation and visited with the subject children, he did not adequately address his substance abuse issues. Partial compliance with the court-ordered programs is insufficient to preclude a finding of permanent neglect (see Matter of Mercedes R.B. [Heather C], 130 A.D.3d 1022, 12 N.Y.S.3d 909; Matter of Kayla S.-G. [David G.], 125 A.D.3d 980, 4 N.Y.S.3d 289; Matter of Tamara F.J. [Jaineen J.], 108 A.D.3d at 544, 969 N.Y.S.2d 119). Accordingly, the Family Court properly determined that the father had permanently neglected the subject children.