Opinion
01-03-2017
In re SELVIN ADOLPH F., Jr., A Dependent Child under Age Eighteen, etc., Thelma Lynn W., Respondent–Appellant., Edwin Gould Services for Children and Families, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. John R. Eyerman, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
John R. Eyerman, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
SAXE, J.P., MOSKOWITZ, GISCHE, KAHN, GESMER, JJ.
Order of disposition, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about December 22, 2014, which terminated respondent mother's parental rights to the subject child upon a finding of permanent neglect and transferred custody of the child to the Commissioner of the Administration for Children's Services and Edwin Gould Services for Children and Families for purposes of adoption, unanimously affirmed, without costs.
This Court previously determined that the agency met its burden of establishing permanent neglect (Matter of Selvin Adolph F. [Thelma Lynn F.], 117 A.D.3d 495, 496, 985 N.Y.S.2d 520 [1st Dept.2014] ). On remand, the Family Court properly determined that termination of the mother's parental rights was in the child's best interests, and was thus the appropriate disposition (see Family Court Act § 631 ; Matter of Star Leslie W., 63 N.Y.2d 136, 147, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ).
The record establishes that the mother has refused to avail herself of mental health services despite being repeatedly ordered and encouraged to do so. This Court has already rejected the mother's argument that no such services are necessary (see Selvin Adolph F., 117 A.D.3d at 497–498, 985 N.Y.S.2d 520 ). Moreover, the subject child, now 17 years old, has not resided with the mother since he was 9 months old, and has resided with his foster mother for the majority of his life, bonded with her, and wants to be adopted by her (see Matter of Amarnee T.T. [Tanya T.], 140 A.D.3d 452, 453, 33 N.Y.S.3d 239 [1st Dept.2016] ; Matter of Jayden S. [Kim C.], 124 A.D.3d 488, 489, 998 N.Y.S.2d 300 [1st Dept.2015] ; Matter of Jeffrey R., 63 A.D.3d 546, 546–547, 880 N.Y.S.2d 482 [1st Dept.2009], lv. denied 13 N.Y.3d 706, 2009 WL 2959690 [2009] ).
A suspended judgment is not appropriate because there is no evidence that further delay will result in a different outcome, as the mother has given no indication that she will attend mental health counseling in the future (Matter of Alexandria D. [Brenda D.], 136 A.D.3d 604, 604, 26 N.Y.S.3d 270 [1st Dept.2016] ). The child deserves permanency after this extended period of uncertainty (see id. ; Matter of Autumn P. [Alisa R.], 129 A.D.3d 519, 520, 11 N.Y.S.3d 149 [1st Dept.2015] ). If the child wants to continue visitation with his biological mother, there is nothing preventing him from doing so.