Opinion
6082
03-22-2018
IN RE TION LAVON J., a Dependent Child Under Eighteen Years of Age, etc., Saadiasha J., Respondent–Appellant, v. Good Shepherd Services, Petitioner–Respondent.
George E. Reed, Jr., White Plains, for appellant. Geoffrey P. Berman, Larchmont, for respondent. Dawne Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), attorney for the child.
George E. Reed, Jr., White Plains, for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Dawne Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), attorney for the child.
Renwick, J.P., Manzanet–Daniels, Kahn, Kern, Singh, JJ.
Order of fact-finding and disposition (one paper), Family Court, New York County (Sarah P. Cooper, J.), entered on or about April 21, 2017, which found that respondent mother permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the child to petitioner Good Shepherd Services and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence which demonstrates that the agency made diligent efforts to encourage and strengthen the parental relationship by, among other things, referring the mother for drug treatment programs and mental health services, as well as scheduling visitation with the child (see Matter of Jaydein Celso M. [Diana E.], 146 A.D.3d 448, 43 N.Y.S.3d 752 [1st Dept. 2017] ; Matter of Essence T.W. [Destinee R.W.], 139 A.D.3d 403, 30 N.Y.S.3d 98 [1st Dept. 2016] ).
Despite these efforts, however, the mother failed to plan for the child. The mother failed to provide the agency with accurate contact information (see Matter of Jackie Ann W. [Leticia Ann W.], 154 A.D.3d 459, 61 N.Y.S.3d 534 [1st Dept. 2017] ), and failed to comply with the requirements of her service plan (see Matter of Sheila G., 61 N.Y.2d 368, 373, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ; Matter of Star Leslie W., 63 N.Y.2d 136, 144, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The mother failed to engage in mental health services or a drug treatment program, failed to submit to random drug tests and continued to use illegal drugs, and failed to visit with the child consistently (see Matter of Jaydein Celso M., 146 A.D.3d 448, 43 N.Y.S.3d 752 ). The mother gained no insight into the reasons for the child's placement in foster care, nor benefitted from the minimal services with which she complied (see Matter of Sydney A.B. [Felicia M.], 151 A.D.3d 533, 57 N.Y.S.3d 33 [1st Dept. 2017], lv denied 29 N.Y.3d 917, 2017 WL 3877607 [2017] ).
The record supports the determination that termination is in the best interest of the child, and suspended judgment is unwarranted. The mother had engaged in scant services, and there was no indication the mother was able to care for the child or would be in the future. The record suggested that the mother's issues appeared to have worsened, such that the court noted that it had no choice but to terminate her parental rights (see Matter of Zhane A.F. [Andrea V.F.], 139 A.D.3d 458, 459, 31 N.Y.S.3d 57 [1st Dept. 2016], lv denied 27 N.Y.3d 1187, 38 N.Y.S.3d 96, 59 N.E.3d 1208 [2016] ).
A suspended judgment would serve only to prolong the child's lack of permanence, and would not have been in his best interest (see Matter of Julianna Victoria S. [Benny William W.], 89 A.D.3d 490, 491, 934 N.Y.S.2d 91 [1st Dept. 2011], lv denied 18 N.Y.3d 805, 2012 WL 400041 [2012] ). The child's interests would best be served by freeing him for adoption by his maternal great aunt, who has met all of his needs and wishes to adopt him, and with whom he is stable and doing well and wishes to remain (see Matter of Isiah Steven A. [Anne Elizabeth Pierre L.], 100 A.D.3d 559, 560, 955 N.Y.S.2d 10 [1st Dept. 2012], lv denied 20 N.Y.3d 859, 2013 WL 535792 [2013] ).
We have considered the mother's remaining arguments and find them unpreserved and unavailing.