From Casetext: Smarter Legal Research

In the Matter of Joyce Marie B

Appellate Division of the Supreme Court of New York, Second Department
May 19, 2003
305 A.D.2d 589 (N.Y. App. Div. 2003)

Opinion

2001-06763, 2001-06766, 2001-06880

Submitted May 5, 2003.

May 19, 2003.

In three related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from three orders of fact-finding and disposition (one as to each child) of the Family Court, Kings County (Staton, J.), all dated May 17, 2001, which, after a hearing, found that she permanently neglected the children, terminated her parental rights, and transferred the guardianship and custody of the children to the petitioner and the Commissioner of Social Services, for purposes of adoption.

Francine Shraga, Brooklyn, N.Y., for appellant.

Cynthia W. Rountree, New York, N.Y. (Veronica C. Odom of counsel), for respondent.

Monica Drinane, New York, N.Y. (Patricia S. Colella of counsel), Law Guardian for the children.

Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the orders are affirmed, without costs or disbursements.

Contrary to the mother's contentions, the evidence presented at the joint fact-finding hearing established that the agency made diligent efforts to assist her in maintaining substantial contact with and planning for her children's futures (see Social Services Law § 384-b[a]; Matter of Jamie M., 63 N.Y.2d 388; Matter of Sheila G., 61 N.Y.2d 368). The agency, inter alia, provided the mother with parenting skills classes, domestic violence programs, psychiatric evaluation, and counseling, scheduled regular biweekly visits with the children, and informed her of the children's progress (see Matter of Luno Scott A., 292 A.D.2d 602; Matter of Alicia Shante H., 245 A.D.2d 509; Matter of Sonia H., 177 A.D.2d 575). Despite its encouragement, and notwithstanding the fact that the mother made laudable attempts to improve herself (see Matter of Diana L., 299 A.D.2d 359), the mother failed to maintain contact with her children on a regular basis and failed to plan for their future (see Matter of Charlene Lashay J., 280 A.D.2d 320; Matter of Travis Taylor W., 275 A.D.2d 374; Matter of Ashley E., 271 A.D.2d 764).

The finding that it was in the children's best interests to be adopted by their foster mother, with whom they have lived for most of their lives, is supported by a preponderance of the evidence (see Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Luno Scott A., supra; Matter of Sarah Jean R., 290 A.D.2d 511).

The mother's remaining contentions are without merit.

ALTMAN, J.P., McGINITY, LUCIANO and H. MILLER, JJ., concur.


Summaries of

In the Matter of Joyce Marie B

Appellate Division of the Supreme Court of New York, Second Department
May 19, 2003
305 A.D.2d 589 (N.Y. App. Div. 2003)
Case details for

In the Matter of Joyce Marie B

Case Details

Full title:IN THE MATTER OF JOYCE MARIE B. (ANONYMOUS). LAKESIDE FAMILY AND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 19, 2003

Citations

305 A.D.2d 589 (N.Y. App. Div. 2003)
759 N.Y.S.2d 754

Citing Cases

In the Matter of Megan V

Contrary to the father's contention, the evidence presented at the fact-finding hearing established that the…

In the Matter of "FEMALE" W

ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements. The petitioner…