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Matter of Canisha

Appellate Division of the Supreme Court of New York, First Department
May 14, 1992
183 A.D.2d 499 (N.Y. App. Div. 1992)

Opinion

May 14, 1992

Appeal from the Family Court, New York County (Mary Bednar, J.).


Recognizing that respondent had a drug problem that was disrupting her domestic life, petitioner properly focused its efforts on placing the mother into a drug treatment program (see, Matter of Ronald YY., 101 A.D.2d 895, 897). Despite repeated efforts by the agency to enroll respondent in treatment programs, she chose not to avail herself of these services.

The record further demonstrates that respondent has made only infrequent attempts to visit her daughter and that the only plan respondent had for the girl's future was a desire that she be turned over to her great-grandmother. Inasmuch as the great-grandmother declined to be a discharge resource, the mother's desire was not a realistic plan (see, Matter of LeBron, 140 A.D.2d 276, 278). Respondent had yet to exhibit a determination to treat her drug problem and conceded that she is not presently able to take care of her daughter. Accordingly, the finding of permanent neglect under Social Services Law § 384-b (7) was proper.

In conclusion we note that the child has strong ties to the foster mother, in whose stable home she has thrived for the past three years.

Concur — Murphy, P.J., Sullivan, Carro, Rosenberger and Rubin, JJ.


Summaries of

Matter of Canisha

Appellate Division of the Supreme Court of New York, First Department
May 14, 1992
183 A.D.2d 499 (N.Y. App. Div. 1992)
Case details for

Matter of Canisha

Case Details

Full title:In the Matter of FATIMA CANISHA K., a Child Alleged to be Neglected…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 14, 1992

Citations

183 A.D.2d 499 (N.Y. App. Div. 1992)
583 N.Y.S.2d 435

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