Opinion
03-09-2016
In the Matter of JANAESHA J.E. (Anonymous). Westchester County Department of Social Services, respondent; Monasha A.B. (Anonymous), appellant.
Lisa F. Colin, White Plains, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Eileen Campbell O'Brien of counsel), for respondent. Neal D. Futerfas, White Plains, N.Y., attorney for the child.
Lisa F. Colin, White Plains, N.Y., for appellant.
Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Eileen Campbell O'Brien of counsel), for respondent.
Neal D. Futerfas, White Plains, N.Y., attorney for the child.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JEFFREY A. COHEN, and BETSY BARROS, JJ.
Appeal from an order of fact-finding and disposition of the Family Court, Westchester County (Michelle I. Schauer, J.), dated August 22, 2014. The order, after fact-finding and dispositional hearings, found that the mother permanently neglected the subject child, terminated her parental rights, and transferred guardianship and custody of the child to the Westchester County Department of Social Services for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The subject child was removed from the mother's home on July 28, 2010, and thereafter placed in the care of the Commissioner of the Westchester County Department of Social Services (hereinafter the agency) following a finding that the mother had neglected her. At that time, the permanency goal for the child was to return to the mother. The agency set up visitation, held planning conferences, and made referrals to various programs. In January 2013, the agency filed a petition seeking to terminate the mother's parental rights on the ground of permanent neglect. After fact-finding and dispositional hearings, the Family Court found that the mother permanently neglected the child, terminated her parental rights, and transferred guardianship and custody of the child to the agency for the purpose of adoption.
The Family Court properly found that the agency established by clear and convincing evidence that it made diligent efforts to reunite the mother with the child by providing services and other assistance aimed at ameliorating or resolving the problems preventing the child's return to her care (see Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824 ; Matter of Justice A.A. [Tina M. G. ], 121 A.D.3d 886, 887, 994 N.Y.S.2d 187 ). Despite these efforts, and although she participated in the services offered by the agency during the several years that the child was in foster care, the mother failed to successfully deal with the issues she faced that prevented reunification, namely, her inability to control her anger and emotions, and her inability to avoid violent interactions with various people. Thus, the mother failed to plan for the child's safe return, by, inter alia, failing to learn and benefit from the programs arranged for her (see Social Services Law § 384–b[7][c] ; Matter of Amanda P.S. [Frances C. ], 133 A.D.3d 861, 862, 21 N.Y.S.3d 280 ; Matter of James T.L., 133 A.D.3d 759, 760, 20 N.Y.S.3d 138 ; Matter of Alexander S. [David S. ], 130 A.D.3d 1463, 12 N.Y.S.3d 747 ).
The Family Court also properly terminated the mother's parental rights. The evidence adduced at the dispositional hearing established that termination of the mother's parental rights was in the best interests of the child (see Family Ct. Act § 613 ; Matter of China E.C. [Alexis C. ], 134 A.D.3d 1107, 23 N.Y.S.3d 286 ; Matter of Justice A.A. [Tina M.G. ], 121 A.D.3d at 887–888, 994 N.Y.S.2d 187 ; Matter
of Angelica W. [Dorothy W. ], 80 A.D.3d 772, 773, 915 N.Y.S.2d 609 ). Further, a suspended judgment was not appropriate under the circumstances presented here (see Matter of Devon D.T. [Davina T. ], 135 A.D.3d 947, 24 N.Y.S.3d 383 ; Matter of Aaliyah L.C. [Jamie A. ], 128 A.D.3d 955, 11 N.Y.S.3d 178 ; Matter of Shamika
K.L.N. [Melvin S.L. ], 101 A.D.3d 729, 731, 955 N.Y.S.2d 623 ).
The mother's remaining contentions are without merit.