Opinion
2011-10-25
In the Matter of DILEINA M.F. (Anonymous).MercyFirst, petitioner-respondent;Rosa F. (Anonymous), appellant, et al., respondent. (Appeal No. 1).In the Matter of Steven N.M.F. (Anonymous).MercyFirst, petitioner-respondent;Rosa F. (Anonymous), appellant, et al., respondent. (Appeal No. 2).
Carol Kahn, New York, N.Y., for appellant.Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for petitioner-respondent.Steven C. Bernstein, Brooklyn, N.Y., attorney for the children.
Carol Kahn, New York, N.Y., for appellant.Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for petitioner-respondent.Steven C. Bernstein, Brooklyn, N.Y., attorney for the children.
In two related proceedings pursuant to Social Services Law § 384–b to terminate parental rights on the grounds of mental illness and permanent neglect, the mother appeals from two orders of disposition (one as to each child) of the Family Court, Kings County (Ambrosio, J.), both dated September 10, 2010, which, upon two fact-finding orders of the same court, both dated June 1, 2010 (Ruiz, J.), made after a hearing, finding that she is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the subject children, and determining that she permanently neglected them, terminated her parental rights and transferred custody and guardianship of the subject children to MercyFirst and the Commissioner of the Administration for Children's Services of the City of New York for the purpose of adoption.
ORDERED that the orders of disposition are affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly found that she permanently neglected the subject children. The petitioner agency 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, referring the mother for individual and family therapy, providing her with financial assistance to buy food and furniture and pay her rent arrears, and repeatedly advising her of the need to comply with the service plan by attending therapy, taking her prescribed medication, keeping her rent current, and obtaining employment ( see Matter of Beyonce H. [Baranaca H.], 85 A.D.3d 1168, 1169, 927 N.Y.S.2d 121; Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 1033, 896 N.Y.S.2d 470; Matter of Shamel H., 61 A.D.3d 685, 876 N.Y.S.2d 515; Matter of Danielle Joy K., 60 A.D.3d 948, 949, 875 N.Y.S.2d 257; Matter of Kayshawn Raheim E., 56 A.D.3d 471, 472, 867 N.Y.S.2d 468; Matter of “Female” C., 55 A.D.3d 603, 604, 866 N.Y.S.2d 220). Despite these efforts, the mother failed to plan for the children's future by failing to attend visitation and therapy regularly, recognize and address the problems that led to the children's placement in foster care, take her medication consistently, or obtain steady employment and stable housing **N.Y.S.2d661 ( see Matter of Beyonce H. [Baranaca H.], 85 A.D.3d at 1169, 927 N.Y.S.2d 121; Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 1088, 923 N.Y.S.2d 653; Matter of “Female” C., 55 A.D.3d at 604, 866 N.Y.S.2d 220).
Further, the petitioner also established by clear and convincing evidence that the mother is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the children ( see Social Services Law § 384–b[4][c] ). A licensed psychologist who interviewed the mother and reviewed her medical records testified that she suffered from a mood disorder, post-traumatic stress disorder, and a personality disorder. The psychologist also testified that the mother's insight into her mental illness was poor, and that her prognosis for remedying her mental illness to the point where she would be able to parent a child was also poor. The psychologist additionally opined that the children would be at risk of neglect if placed in the mother's care based on her long-standing pattern of functioning and behavior. This evidence supported the Family Court's determination ( see Matter of Dominique Larissa Blue M. [Yasmin M.], 84 A.D.3d 962, 963, 923 N.Y.S.2d 332; Matter of Alexander James R., 48 A.D.3d 820, 821, 853 N.Y.S.2d 136; Matter of Tamaine William B., 38 A.D.3d 767, 768, 832 N.Y.S.2d 622; Matter of Tyler Shannara S., 38 A.D.3d 560, 561, 832 N.Y.S.2d 576).
Accordingly, the Family Court properly terminated the mother's parental rights on the grounds of both mental illness and permanent neglect.