Opinion
2000-08456
Submitted June 11, 2002.
September 18, 2002.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of fact-finding and disposition (one paper) of the Family Court, Westchester County (Edlitz, J.), entered August 23, 2000, which, after a hearing, and upon a finding that she was in violation of the terms and conditions of a suspended judgment of the same court, dated November 30, 1999, terminated her parental rights and transferred custody and guardianship of the subject child to the Westchester County Department of Social Services for the purpose of adoption.
Hal B. Greenwald, Yonkers, N.Y., for appellant.
Charlene M. Indelicato, White Plains, N.Y. (Stacey Dolgin-Kmetz and Bridget Gauntlett of counsel), for respondent.
Adam S. Cohen, White Plains, N.Y., Law Guardian for the child.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.
ORDERED that the order entered August 23, 2000, is affirmed, without costs or disbursements.
In an order dated November 30, 1999, the Family Court determined, inter alia, upon the appellant mother's consent, that the child was permanently neglected by his mother and father. The court suspended the order until April 22, 2000, on condition, inter alia, that the father obtain housing, visit the child regularly, and attend therapy sessions. The mother, who was incarcerated, agreed that the father was the only resource for the child and that if he failed to comply her parental rights would be terminated. The father died in May 2000.
By amended order to show cause dated May 9, 2000, the Westchester County Department of Social Services moved, in effect, to lift suspension of the entry of the order terminating the mother's parental rights, alleging that she had violated the conditions imposed. The Family Court subsequently conducted a hearing at which the evidence showed that the father had failed to abide by any of the above conditions prior to his death. By order entered August 23, 2000, the court found that the mother had violated the conditions and permanently terminated her parental rights. The court ordered that the guardianship and custody of the child be transferred to the Westchester County Department of Social Services. We affirm.
The admissions made by the mother in the initial neglect proceeding were sufficient to support the Family Court's findings of permanent neglect (see Family Ct Act § 622; see also Matter of James Carton K., 235 A.D.2d 422; Matter of Noele D., 209 A.D.2d 828) . Further, the evidence presented at the hearing supported the court's findings, inter alia, that the mother had failed to satisfy the conditions of the suspended 1999 order of fact-finding and disposition and that the termination of her parental rights was in the best interests of the child (see Matter of Patricia O., 175 A.D.2d 870; Family Ct Act § 633).
It was unnecessary for the Family Court to determine whether the agency had exercised diligent efforts to strengthen the parental relationship (see Social Services Law § 384-b; Matter of Sheila G., 61 N.Y.2d 368), as the mother admitted to permanent neglect (see Matter of James Carton K., supra; Matter of Patricia O., supra).
The mother's remaining contentions are without merit.
RITTER, J.P., FEUERSTEIN, SMITH and ADAMS, JJ., concur.