Opinion
2012-05-30
In the Matter of JOSEPH W. (Anonymous), appellant. Nassau County Department of Social Services, petitioner-respondent; Monica W. (Anonymous), respondent-appellant. (Proceeding No. 1). In the Matter of Kenneth W. (Anonymous), also known as Kenneth I. (Anonymous), appellant. Nassau County Department of Social Services, petitioner-respondent; Monica W. (Anonymous), respondent-appellant. (Proceeding No. 2) (and another title).
Sandra Stines, Jericho, N.Y., attorney for the appellant children, Joseph W. and Kenneth W. Joseph R. Faraguna, Sag Harbor, N.Y., for respondent-appellant.
Sandra Stines, Jericho, N.Y., attorney for the appellant children, Joseph W. and Kenneth W. Joseph R. Faraguna, Sag Harbor, N.Y., for respondent-appellant.
John Ciampoli, County Attorney, Mineola, N.Y. (David A. Tauster of counsel), for petitioner-respondent.
John M. Zenir, P.C., Mineola, N.Y., for nonparty Gloria Smith.
In related proceedings pursuant to Social Services Law § 384–b to terminate the mother's parental rights on the ground of permanent neglect, and related custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Nassau County (Greenberg, J.), dated February 10, 2011, as, after fact-finding and dispositional hearings, found that she permanently neglected the subjectchildren, terminated her parental rights, and transferred custody and guardianship of the children to the Nassau County Department of Social Services for the purpose of adoption, and the children Joseph W. and Kenneth W., also known as Kenneth I., separately appeal from the same order which, inter alia, after a hearing, denied the maternal grandmother's petitions for custody of them.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The Family Court properly found that the mother permanently neglected the subject children. The petitioner established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship ( see Social Services Law § 384–b [7]; Matter of Star Leslie W., 63 N.Y.2d 136, 142–143, 481 N.Y.S.2d 26, 470 N.E.2d 824). These efforts included facilitating visitation, regularly visiting and speaking with the mother by telephone, repeatedly providing the mother with referrals for drug treatment programs and mental health evaluations and counseling, and repeatedly advising the mother of the need for her to attend and complete such programs ( see Matter of Darrnell G. [ Robin Denise H.], 88 A.D.3d 789, 790, 930 N.Y.S.2d 908;Matter of Beyonce H. [ Baranaca H.], 85 A.D.3d 1168, 1169, 927 N.Y.S.2d 121;Matter of Austin C. [ Alicia Y.], 77 A.D.3d 938, 938–939, 909 N.Y.S.2d 546). Despite these efforts, the mother failed to plan for the children's future by failing to attend visitation sessions regularly, failing to participate in a substance abuse treatment program, continuing the use of illegal drugs, and failing to attend therapy and take her medication consistently ( see Matter of Dileina M.F. [ Rosa F.], 88 A.D.3d 998, 999, 931 N.Y.S.2d 659;Matter of John M. [ Raymond K.], 82 A.D.3d 1100, 919 N.Y.S.2d 346;Matter of Dustin H. [ Patricia B.], 68 A.D.3d 1112, 1113, 891 N.Y.S.2d 470). Moreover, based on the evidence adduced at the dispositional hearing, the Family Court properly determined that it was in the best interests of the children to terminate the mother's parental rights ( see Matter of Anthony R. [ Juliann A.], 90 A.D.3d 1055, 1056–1057, 937 N.Y.S.2d 72).
The Family Court's determination that it was in the best interests of the children to deny the maternal grandmother's petitions for custody of the children has a sound basis in the record ( see Matter of Angela S. v. Administration for Children's Servs., 39 A.D.3d 551, 835 N.Y.S.2d 226;Matter of James v. Hickey, 6 A.D.3d 536, 537, 774 N.Y.S.2d 407;Matter of Violetta K. v. Mary K., 306 A.D.2d 480, 761 N.Y.S.2d 514).