Opinion
2014-11-19
In the Matter of CLAIR E.F. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Benjamin F. (Anonymous), et al., appellants; Karen M. (Anonymous), intervenor-respondent.
Edward C. Bruno, Pine Bush, N.Y., for appellant Benjamin F. Kelli M. O'Brien, Goshen, N.Y., for appellant Christine Y.
Edward C. Bruno, Pine Bush, N.Y., for appellant Benjamin F. Kelli M. O'Brien, Goshen, N.Y., for appellant Christine Y.
Langdon C. Chapman, County Attorney, Goshen, N.Y. (Linda Pierson DaSilva of counsel), for petitioner-respondent.
Neal D. Futerfas, White Plains, N.Y., for intervenor-respondent.
Ronna L. DeLoe, New Rochelle, N.Y., attorney for the child.
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, and ROBERT J. MILLER, JJ.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother and the father separately appeal from an amended order of disposition of the Family Court, Orange County (Woods, J.), dated May 8, 2013, which, upon a fact-finding order of the same court dated April 16, 2013, made after a hearing, finding that the mother and the father had permanently neglected the subject child, and after a dispositional hearing, terminated their parental rights, transferred guardianship and custody of the subject child to the Orange County Department of Social Services, and freed the child for adoption. The appeal from the amended order of disposition brings up for review the fact-finding order.
ORDERED that the amended order of disposition is affirmed, without costs or disbursements.
The Family Court properly found that the parents permanently neglected the subject child. The petitioner established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship ( seeSocial Services Law § 384–b[7]; Matter of Star Leslie W., 63 N.Y.2d 136, 142–143, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Darryl A.H. [Olga Z.], 109 A.D.3d 824, 824–825, 971 N.Y.S.2d 134). These efforts included facilitating visitation, providing referrals for mental health evaluations and counseling, and repeatedly advising the parents of the need to attend and complete such programs ( see Matter of Joseph W. [Monica W.], 95 A.D.3d 1347, 944 N.Y.S.2d 915; Matter of Beyonce H. [Baranaca H.], 85 A.D.3d 1168, 927 N.Y.S.2d 121; Matter of Danielle Joy K., 60 A.D.3d 948, 875 N.Y.S.2d 257). Despite these efforts, the parents failed to plan for the child's future by failing to consistently attend the necessary programs ( see Matter of Shamika K.L.N. [Melvin S.L.], 101 A.D.3d 729, 955 N.Y.S.2d 623; Matter of Justin I.B. [Natalie B.], 99 A.D.3d 897, 952 N.Y.S.2d 587; Matter of Hadiyyah J.M. [Fatima D.R.], 91 A.D.3d 874, 938 N.Y.S.2d 565; Matter of “Female” C., 55 A.D.3d 603, 866 N.Y.S.2d 220).
Furthermore, the Family Court properly determined that it was in the best interests of the child to terminate the parental rights of the mother and the father ( see Matter of Darryl A.H. [Olga Z.], 109 A.D.3d at 825, 971 N.Y.S.2d 134; Matter of W.J. [B.J.], 99 A.D.3d 711, 951 N.Y.S.2d 238; Matter of Kyshawn F. [Nellie M.-F.], 95 A.D.3d 883, 944 N.Y.S.2d 184; Matter of Anthony R. [Juliann A.], 90 A.D.3d 1055, 1056–1057, 937 N.Y.S.2d 72).