Opinion
2001-00606, 2001-02149, 2001-02926
Argued October 15, 2002.
November 4, 2002.
In two related proceedings pursuant to Social Services Law 384-b to terminate the mother's parental rights on the ground of neglect, the mother appeals from (1) a fact-finding order of the Family Court, Rockland County (Warren, J.), dated December 19, 2000, which, after a hearing, found that she had permanently neglected the two subject children, (2) an order of disposition of the same court, dated February 9, 2001, which, upon the fact-finding order, transferred the guardianship and custody of the subject children to the petitioner, Rockland County Department of Social Services, and (3) an order of the same court, entered March 6, 2001, which committed the children to the custody of the petitioner for eventual adoption.
Michael D. Diederich, Jr., Stony Point, N.Y. (Alan B. McGeorge of counsel), for appellant.
Christopher Widholm, New City, N.Y., Law Guardian for the child.
Patricia Zugibe, County Attorney, New City, N.Y. (Barbara M. Wilmit of counsel), for respondent (relying on the brief filed by the Law Guardian).
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the appeal from the fact-finding order dated December 19, 2000, is dismissed, without costs or disbursements, as that order was superseded by the order of disposition dated February 9, 2001; and it is further,
ORDERED that the order of disposition dated February 9, 2001, and the order entered March 6, 2001, are affirmed, without costs or disbursements.
Contrary to the mother's contentions, under the circumstances of this case, the petitioner, Rockland County Department of Social Services, made diligent efforts to strengthen her parental relationship with the two subject children (see Matter of Dillon W., 296 A.D.2d 416; Matter of Luno Scott A., 292 A.D.2d 602; Matter of Jeremiah R., 266 A.D.2d 553; Matter of Sylvia Esther O., 253 A.D.2d 465). Despite these efforts, and notwithstanding that the mother made laudable attempts to improve herself (see Matter of Tiffany A., 242 A.D.2d 709), we agree with the Family Court's finding of permanent neglect based upon the mother's failure to timely and adequately address her mental health needs (see Matter of Ronell Dashawn P., 296 A.D.2d 502; Matter of Dana Marie L., 296 A.D.2d 499), and her concomitant failure to realistically plan for the children's futures (see Matter of Dillon W., supra; Matter of Dutchess Co. Dept. of Social Servs., 287 A.D.2d 499; Matter of Sylvia Esther O., supra).
Finally, we agree with the finding that it was in the children's best interests to be freed for adoption by their foster parents. The children have enjoyed a loving family relationship with the foster parents for approximately four years (see Matter of Lonnie C., 293 A.D.2d 535; Matter of Luno Scott A., supra; Matter of Jeremiah R., supra; Matter of Sylvia Esther O., supra).
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.