Opinion
2002-02260
Argued May 16, 2003.
June 16, 2003.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Dutchess County (Forman, J.), entered March 4, 2002, which, after a hearing, terminated her parental rights and freed her child for adoption.
Carol Kahn, New York, N.Y., for appellant.
Ian G. MacDonald, County Attorney, Poughkeepsie, N.Y. (Mary Ellen DeCicco of counsel), for respondent.
Nancy Tremarzo, Poughkeepsie, N.Y., Law Guardian for the child (no brief filed).
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The petitioning agency met its burden of establishing by clear and convincing evidence that despite its diligent efforts to strengthen the parental relationship, the mother permanently neglected the child by substantially and continuously or repeatedly failing to plan for the child's future (see Matter of St. Vincent's Servs. v. Jean H., 211 A.D.2d 799; Matter of Loretta D. v. Commissioner of Social Servs. of City of N.Y., 177 A.D.2d 573). Contrary to the agency's plans, the mother, who had otherwise complied with the agency's plans for reunification, failed to separate herself from an abusive husband (see Matter of Charlene Lashay J., 280 A.D.2d 320; Matter of Joseph Emmanuel N., 292 A.D.2d 295).
The Family Court's disposition of freeing the child for adoption was proper where adoption represented the child's only prospect for a permanent, stable, and nurturing familial disposition (see Matter of Monica Betzy D., 291 A.D.2d 289).
The mother's remaining contentions are without merit.
ALTMAN, J.P., FLORIO, ADAMS and RIVERA, JJ., concur.