Opinion
03-05-2024
In the MATTER OF ZAMIR J. and Another, Dependent Children Under Eighteen Years of Age, etc., Marcella J., Respondent-Appellant, v. Catholic Guardian Services, Petitioner-Respondent.
Bruce A. Young, New York, for appellant. Marion C. Perry, New York, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Bruce A. Young, New York, for appellant. Marion C. Perry, New York, for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Singh, J.P., Friedman, Rodriguez, Higgitt, Rosado, JJ.
Orders of disposition, Family Court, New York County (Jonathan H. Shim, J.), entered on or about June 3, 2022, which found that respondent mother permanently neglected the subject children, terminated her parental rights, and committed the custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
Clear and convincing evidence supports the determination that the mother permanently neglected the children by failing to plan for their future, despite the agency’s diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384–b[7][a]).
The record shows that the agency developed a plan for appropriate services, including referring the mother to programs for parenting, mental health, domestic violence counseling and substance abuse treatment, and scheduled regular visits with the children. The mother’s failure to maintain contact with the children through consistent and regular visitation alone constitutes permanent neglect (see Matter of Aisha C., 58 A.D.3d 471, 472, 871 N.Y.S.2d 112 [1st Dept. 2009], lv denied 12 N.Y.3d 706, 879 N.Y.S.2d 53, 906 N.E.2d 1087 [2009]). Furthermore, the record shows that she failed to complete any portion of her service plan, demonstrating a lack of insight into the conditions that led to the children’s removal (see Matter of Maria G.T. [Maria T.], 213 A.D.3d 556, 557, 182 N.Y.S.3d 629 [1st Dept. 2023]; 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], as well as the termination of parental rights as to her older children.
We have reviewed the mother’s remaining contentions and find them unavailing.