Opinion
2011-10-18
In the Matter of TODD ANDRE' D. (Anonymous), JR. Children's Village, petitioner-respondent;Kenyetta L. (Anonymous), appellant, et al., respondent.
Deana Balahtsis, New York, N.Y. (Meghan R. Buckwalter of counsel), for appellant.Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), for petitioner-respondent.Steven Banks, New York, N.Y. (Tamara Steckler and Elana Ella Roffman of counsel), attorney for the child.
In a proceeding, inter alia, pursuant to Social Services Law § 384–b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Kings County (Grosvenor, J.), dated June 30, 2010, as, after fact-finding and dispositional hearings, found that she permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the child to the Commissioner of Social Services of the City of New York and Children's Village for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The Family Court properly determined that there was clear and convincing evidence that the mother permanently neglected the subject child by failing, for a year following the child's entrance into foster care, to plan for his return ( see Matter of Kendra D. [ Amanda D.], 81 A.D.3d 644, 921 N.Y.S.2d 860; Matter of Wesley F., 190 A.D.2d 576, 593 N.Y.S.2d 520; Matter of Gregory Michael M., 167 A.D.2d 469, 470–471, 562 N.Y.S.2d 141; Matter of June Y., 128 A.D.2d 538, 512 N.Y.S.2d 469). The record establishes that the petitioner made diligent efforts to help the mother comply with her service plan, which required the mother, inter alia, to complete a parenting skills class for special needs children, to complete individual and family therapy, and to maintain regular visits with the child. Moreover, the Family Court properly determined that termination of the mother's parental rights was in the child's best interest ( see Matter of Kendra D. [ Amanda D.], 81 A.D.3d at 644, 921 N.Y.S.2d 860; Matter of Shawna DD., 289 A.D.2d 892, 894, 734 N.Y.S.2d 724; Matter of Kenneth A., 206 A.D.2d 602, 604, 614 N.Y.S.2d 472).
RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.