Opinion
2012-10-17
In the Matter of JUSTIN I.B. (Anonymous). Ohel Children's Home & Family Services, respondent; v. Natalie B. (Anonymous), appellant.
Helene Chowes, New York, N.Y., for appellant. James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for respondent.
Helene Chowes, New York, N.Y., for appellant. James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for respondent.
Michael A. Fiechter, Bellmore, N.Y., attorney for the child.
RANDALL T. ENG, P.J., REINALDO E. RIVERA, L. PRISCILLA HALL, and SANDRA L. SGROI, JJ.
In a proceeding pursuant to Social Services Law § 384—b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Beckoff, J.), dated March 3, 2011, which, 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 subject child jointly to the Commissioner of Social Services of the City of New York and the petitioner, OHEL Children's Home & Family Services, for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The petitioner agency established, by clear and convincing evidence, that it made diligent efforts to encourage and strengthen the relationship between the mother and the subject child by meeting with the mother to review her service plan, discussing the importance of compliance, providing referrals to the mother for therapy, anger management classes, parenting skills classes, and housing, discussing the importance of the mother's obtaining suitable income, and scheduling visitation between the mother and the subject child ( see Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824;Matter of Fernando Alexander B. [ Simone Anita W.], 85 A.D.3d 658, 659, 925 N.Y.S.2d 823;Matter of John M. [ Raymond K.], 82 A.D.3d 1100, 919 N.Y.S.2d 346). Despite these efforts, the mother failed to plan for the future of the child ( seeSocial Services Law § 384–b[7][c]; Matter of Beyonce H. [ Baranaca H.], 85 A.D.3d 1168, 1169, 927 N.Y.S.2d 121). The mother's partial compliance with the service plan was insufficient to preclude a finding of permanent neglect ( see Matter of “Female” C., 55 A.D.3d 603, 604, 866 N.Y.S.2d 220;Matter of Robert David L., 7 A.D.3d 529, 530, 776 N.Y.S.2d 316;Matter of Shane Anthony P., 307 A.D.2d 297, 762 N.Y.S.2d 503).
Furthermore, the Family Court correctly determined that it would be in the child's best interests to terminate the mother's parental rights and free the child for adoption by his foster parents, with whom he has resided continuously since 2006 ( see Matter of Daevon Lamar P., 48 A.D.3d 469, 470, 849 N.Y.S.2d 806;Matter of Tynell S., 43 A.D.3d 1171, 1173, 842 N.Y.S.2d 90).
The mother's remaining contentions are without merit.