Opinion
17393 Dkt. No. B-19301/18 Case No. 2022–02393
02-23-2023
In the MATTER OF ZION ZAHMAR Z.K.F., a Child Under the Age of Eighteen Years, etc., Katrina F., Respondent–Appellant, v. Lutheran Social Services of New York, Petitioner–Respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Carrieri & Carrieri, P.C., Saint James (Ralph R. Carrieri of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the child.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Carrieri & Carrieri, P.C., Saint James (Ralph R. Carrieri of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the child.
Renwick, J.P., Gonza´lez, Shulman, Rodriguez, Higgitt, JJ.
Order of fact-finding and disposition (one paper), Family Court, New York County (Clark V. Richardson, J.), entered on or about March 10, 2022, which, to the extent appealable and as limited by the briefs, determined after a hearing that respondent mother permanently neglected the subject child, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that despite petitioner's diligent efforts to encourage and strengthen the parent-child relationship, the mother failed to plan for the child's future (see Social Services Law § 384–b [7][a] ). Petitioner's efforts included referring the mother for multiple mental health services, drug treatment programs, and drug testing; helping her with subway fare; and discussing with her the importance of complying with her service plan (see Matter of Lania C. [Latoya C.], 204 A.D.3d 601, 601, 165 N.Y.S.3d 316 [1st Dept. 2022], lv denied 38 N.Y.3d 909, 2022 WL 2126006 [2022] ; Matter of Amanda M.T. [Charles Franklin T.], 189 A.D.3d 470, 471, 135 N.Y.S.3d 111 [1st Dept. 2020], lv denied 36 N.Y.3d 907, 2021 WL 1134461 [2021] ). Nevertheless, the mother refused to engage in mental health treatment, insisting that she did not need those services. The mother also failed to complete a drug treatment program and continued to test positive for drugs (see Matter of Zariah M.E. [Alexys T.], 171 A.D.3d 607, 608, 96 N.Y.S.3d 855 [1st Dept. 2019] ; Matter of Bryce Raymond R. [Ann M.], 162 A.D.3d 522, 523, 80 N.Y.S.3d 54 [1st Dept. 2018], lv denied 32 N.Y.3d 901, 2018 WL 4259209 [2018] ). We have considered the mother's remaining arguments and find them unavailing.