Opinion
2012-10-3
In the Matter of W.J. (Anonymous). Rockland County Department of Social Services, respondent; B.J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of A. J.(Anonymous). Rockland County Department of Social Services, respondent; B.J. (Anonymous), appellant. (Proceeding No. 2) (and two related proceedings).
Arleen Lewis, Blauvelt, N.Y., for appellant. Jeffrey Fortunato, Acting County Attorney, New City, N.Y. (Radhika Nagubandi of counsel), for petitioner-respondent.
Arleen Lewis, Blauvelt, N.Y., for appellant. Jeffrey Fortunato, Acting County Attorney, New City, N.Y. (Radhika Nagubandi of counsel), for petitioner-respondent.
Harvey A. Eilbaum, New City, N.Y., attorney for the children.
DANIEL D. ANGIOLILLO, J.P., ANITA R. FLORIO, ARIEL E. BELEN, and SHERI S. ROMAN, JJ.
In related proceedings pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Rockland County (Edwards, J.), dated August 15, 2011, as, after fact-finding and dispositional hearings, found that he permanentlyneglected the subject children, terminated his parental rights, and transferred the custody and guardianship of the children to the Rockland County Department of Social Services for the purpose of adoption.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the father's contention, the Family Court properly determined that the petitioner established, by clear and convincing evidence, that it exercised diligent efforts to encourage and strengthen the parental relationship by, among other things, attempting to help him find adequate housing and referring him to parenting classes and therapy ( seeSocial Services Law § 384–b[7]; Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824). Despite those efforts, the father failed to plan for the future of the children by failing to complete the necessary programs and failing to take steps to acquire appropriate housing ( see Matter of Beyonce H. [Baranaca H.], 85 A.D.3d 1168, 927 N.Y.S.2d 121). Accordingly, the Family Court properly found that the father permanently neglected the children.
Furthermore, the Family Court properly determined that it was in the best interests of the children to terminate the father's parental rights, thus freeing the children for adoption by their foster parents ( see Matter of Anthony R. [Juliann A.], 90 A.D.3d 1055, 937 N.Y.S.2d 72).