Opinion
1084 CAF 19-00244
11-20-2020
In the MATTER OF STEVEN D., Jr. and Amanda D. Monroe County Department of Human Services, PETITIONER-RESPONDENT; Steven D., Sr., and Nicole S., RESPONDENTS-APPELLANTS.
BETH A. RATCHFORD, CANANDAIGUA, FOR RESPONDENT-APPELLANT STEVEN D., SR. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (TIMOTHY S. DAVIS OF COUNSEL), FOR RESPONDENT-APPELLANT NICOLE S. JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (CAROL L. EISENMAN OF COUNSEL), FOR PETITIONER-RESPONDENT. ELLEN VANCLEAVE, BATH, ATTORNEY FOR THE CHILDREN.
BETH A. RATCHFORD, CANANDAIGUA, FOR RESPONDENT-APPELLANT STEVEN D., SR.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (TIMOTHY S. DAVIS OF COUNSEL), FOR RESPONDENT-APPELLANT NICOLE S.
JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (CAROL L. EISENMAN OF COUNSEL), FOR PETITIONER-RESPONDENT.
ELLEN VANCLEAVE, BATH, ATTORNEY FOR THE CHILDREN.
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, BANNISTER, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent mother and respondent father each appeal from an order that, inter alia, terminated their parental rights to the subject children on the ground of permanent neglect. We affirm.
We reject the parents' contentions that petitioner Monroe County Department of Human Services (DHS) failed to establish by clear and convincing evidence that it made the requisite diligent efforts to reunite them with their children (see Social Services Law § 384-b [7] [a] ). The record amply establishes that DHS presented both parents with myriad services and resources to strengthen their relationship with the children, including parenting classes, therapeutic counseling, individual coaching, and mentoring (see Matter of Carl B., Jr. [Carl B., Sr.] , 181 A.D.3d 1161, 1162-1163, 120 N.Y.S.3d 662 [4th Dept. 2020], lv denied 35 N.Y.3d 910, 2020 WL 5047363 [2020] ; Matter of Brooke T. [Terri T.] , 175 A.D.3d 1842, 1842, 107 N.Y.S.3d 755 [4th Dept. 2019] ; Matter of Gina Rachel L. , 44 A.D.3d 367, 368, 843 N.Y.S.2d 50 [1st Dept. 2007] ). DHS also coordinated supervised visits between the parents and the subject children (see Matter of Janette G. [Julie G.] , 181 A.D.3d 1308, 1308, 119 N.Y.S.3d 796 [4th Dept. 2020], lv denied 35 N.Y.3d 907, 2020 WL 3422455 [2020] ).
We further conclude that DHS established by clear and convincing evidence that, despite its diligent efforts, both parents failed to adequately plan for the return of the children (see Social Services Law § 384-b [7] [a] ). Although both parents did, in fact, participate in the services DHS provided, they did not improve their ability "to accept responsibility and modify their behavior" accordingly ( Matter of Nathaniel T. , 67 N.Y.2d 838, 842, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986] ), nor did they gain "insight into the problems that led to the removal of the child[ren] and continued to prevent the child[ren's] safe return" ( Matter of D'Angel M.-B. [Donell M.-B.] , 173 A.D.3d 1764, 1765, 105 N.Y.S.3d 632 [4th Dept. 2019], lv denied 34 N.Y.3d 911, 2020 WL 1426567 [2020] [internal quotation marks omitted]; see Matter of Cayden L.R. [Melissa R.] , 108 A.D.3d 1154, 1155, 969 N.Y.S.2d 674 [4th Dept. 2013], lv denied 22 N.Y.3d 866, 2014 WL 1362341 [2014] ; Matter of Rachael N. [Christine N.] , 70 A.D.3d 1374, 1374, 894 N.Y.S.2d 265 [4th Dept. 2010], lv denied 15 N.Y.3d 708, 2010 WL 3583146 [2010] ).
Even assuming, arguendo, that, as both parents contend, Family Court erred in refusing to qualify one of the mother's witnesses as an expert (see Rook v. 60 Key Ctr. , 239 A.D.2d 926, 927-928, 660 N.Y.S.2d 238 [4th Dept. 1997] ), we conclude that the error was harmless because, given the circumstances of the case, the outcome would have been the same had the witness been qualified as an expert (see Matter of Alyshia M.R. , 53 A.D.3d 1060, 1061, 861 N.Y.S.2d 551 [4th Dept. 2008], lv denied 11 N.Y.3d 707, 868 N.Y.S.2d 599, 897 N.E.2d 1083 [2008] ).