Opinion
2012-12-19
In the Matter of CHRISTINA M.R. (Anonymous), also known as Christina R. (Anonymous), also known as Christina C. (Anonymous). SCO Family of Services, et al., petitioners-respondents; Lynette Cassandra C. (Anonymous), also known as Lynette C.C. (Anonymous), also known as Lynette C. (Anonymous), appellant, et al., respondent. (Appeal No. 1) In the Matter of Julie M.R. (Anonymous), also known as Julie R. (Anonymous), also known as Julie C. (Anonymous). SCO Family of Services, et al., petitioners-respondents; Lynette Cassandra C. (Anonymous), also known as Lynette C.C. (Anonymous), also known as Lynette C. (Anonymous), appellant, et al., respondent. (Appeal No. 2) In the Matter of Paula C.R. (Anonymous), also known as Paula R. (Anonymous), also known as Paula C. (Anonymous). SCO Family of Services, et al., petitioners-respondents; Lynette Cassandra C. (Anonymous), also known as Lynette C.C. (Anonymous), also known as Lynette C. (Anonymous), appellant, et al., respondent. (Appeal No. 3).
Frank Bruno, Jr., Glendale, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for petitioner SCO Family of Services.
Frank Bruno, Jr., Glendale, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for petitioner SCO Family of Services.
Eric Perlmutter, Jamaica, N.Y., attorney for the children.
REINALDO E. RIVERA, J.P., MARK C. DILLON, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
In three related proceedings pursuant to Social Services Law § 384–b, inter alia, to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of three orders of fact-finding and disposition (one as to each child) of the Family Court, Queens County (Richroath, J.), all dated November 16, 2011, as, after fact-finding and dispositional hearings, found that she permanently neglected the children, terminated her parental rights, and transferred custody and guardianship of the children to the Commissioner of Social Services of the City of New York and SCO Family of Services for the purpose of adoption.
ORDERED that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly determined that the petitioner SCO Family of Services established, by clear and convincing evidence, that it made diligent efforts to encourage and strengthen the parental relationship by, among other things, facilitating regular visitation with the children and referring her to parenting classes and therapy programs ( seeSocial Services Law § 384–b[7][a], [f]; Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824;Matter of Dariana K.C. [ Katherine M.], 99 A.D.3d 899, 901, 952 N.Y.S.2d 589). Despite these efforts, the mother failed to plan for the future of the children by failing to consistently attend visitation and to complete a necessary parenting class and a therapy program ( seeSocial Services Law § 384–b[7][c]; Matter of Joseph W. [ Monica W.], 95 A.D.3d 1347, 1348, 944 N.Y.S.2d 915;Matter of Beyonce H. [ Baranaca H.], 85 A.D.3d 1168, 1169, 927 N.Y.S.2d 121). Accordingly, the Family Court properly found that the mother permanently neglected the children.
Furthermore, the Family Court properly determined that it was in the best interests of the children to terminate the mother's parental rights, thus freeing the children for adoption by their foster parent ( see Matter of Star Leslie W., 63 N.Y.2d at 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824;Matter of Zechariah J. [ Valrick J.], 84 A.D.3d 1087, 1088–1089, 923 N.Y.S.2d 653,cert. denied sub nom. Valrick J. v. Orange County Dept. of Social Servs., –––U.S. ––––, 133 S.Ct. 239, 184 L.Ed.2d 126;Matter of Amber D.C. [ Angelica C.], 79 A.D.3d 865, 866, 912 N.Y.S.2d 431).