Opinion
8143 8143A 8149B 8149C 8149D 8149E 8149F 8149G 8149H 8149I
01-22-2019
IN RE FRANK ENRIQUE S., and Others, Dependent Children Under Eighteen Years, etc., Karina Elizabeth F., Respondent–Appellant, v. Catholic Guardian Services, Petitioner-Respondent, Mike G., Sr., Respondent.
Kenneth M. Tuccillo, Hastings on Hudson, for appellant. Magovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the children.
Kenneth M. Tuccillo, Hastings on Hudson, for appellant.
Magovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the children.
Friedman, J.P., Kapnick, Gesmer, Oing, Moulton, JJ.
Orders of disposition, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about July 28, 2017, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the children Michael G. and Gabrielle G., and transferred custody of the children to petitioner agency and the Commissioner of Social Services for purposes of adoption, unanimously affirmed, without costs. Appeals from orders, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about January 30, 2012 and on or about July 26, 2012; same court (Stewart H. Weinstein, J.), entered on or about July 9, 2014 and on or about October 9, 2014; same court (Emily H. Olshansky, J.), entered on or about March 9, 2015 and on or about August 13, 2015; and same court (Karen I. Lupuloff, J.), entered on or about April 24, 2017 and on or about July 10, 2017, unanimously dismissed, without costs, as moot.
With respect to the finding that respondent mother permanently neglected the children Gabrielle and Michael, petitioner demonstrated by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen the parental relationship by referring respondent for mental health services, providing guidance as to addressing home health hazards, and scheduling visitation between respondent and the children (see Matter of Tion Lavon J. [Saadiasha J.], 159 A.D.3d 579, 73 N.Y.S.3d 48 [1st Dept. 2018] ; Matter of Cerenithy B. [Ecksthine B.], 149 A.D.3d 637, 637, 51 N.Y.S.3d 89 [1st Dept. 2017], lv denied 29 N.Y.3d 1106, 61 N.Y.S.3d 195, 83 N.E.3d 203 [2017] ). Despite the agency's diligent efforts, respondent, who acknowledged that she was diagnosed with schizoaffective disorder and did not take any medication, failed to plan for the children, in particular, by refusing to attend court-ordered therapy, although her failure to address her mental health problems was a key component of the reason that the children were removed from her and placed in foster care in the first place (see Matter of Adaliz Marie R. [Natividad G.], 78 A.D.3d 409, 912 N.Y.S.2d 10 [1st Dept. 2010] ; Matter of Ibrahim B., 57 A.D.3d 382, 870 N.Y.S.2d 258 [1st Dept. 2008] ).
The court's determination that terminating respondent's parental rights and freeing Gabrielle and Michael for adoption by their respective foster parents is in the children's best interests is supported by a preponderance of the evidence showing that the children have lived with the foster parents their entire lives and have thrived in their care (see Matter of Ariana S.S. [Antoinette S.], 148 A.D.3d 581, 50 N.Y.S.3d 334 [1st Dept. 2017] ; Matter of Arianna–Samantha Lady Melissa S. [Carissa S.], 134 A.D.3d 582, 583, 23 N.Y.S.3d 31 [1st Dept. 2015], lv dismissed in part, denied in part 27 N.Y.3d 952, 29 N.Y.S.3d 914, 49 N.E.3d 1208 [2016] ).
To the extent respondent purports to appeal from an order that terminated her parental rights as to the child Frank Enrique S., Jr., we dismissed that appeal by order entered February 13, 2018 and denied respondent's motion for reconsideration on May 10, 2018, and we decline to consider the matter further.