Opinion
2011-12-27
In the Matter of ANTHONY R. (Anonymous).St. Vincent's Services, Inc., respondent;Juliann A. (Anonymous), appellant. (Proceeding No. 1).In the Matter of Patrick R. (Anonymous).St. Vincent's Services, Inc., respondent;Juliann A. (Anonymous), appellant. (Proceeding No. 2).In the Matter of Dante R. (Anonymous).St. Vincent's Services, Inc., respondent;Juliann A. (Anonymous), appellant. (Proceeding No. 3).
Tennille M. Tatum–Evans, New York, N.Y., for appellant. Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for respondent.
Tennille M. Tatum–Evans, New York, N.Y., for appellant. Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorney for the children.MARK C. DILLON, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, and CHERYL E. CHAMBERS, JJ.
In three related proceedings pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate parental rights on the ground of permanent neglect, the mother appeals from two orders of disposition of the Family Court, Queens County (Tally, J.) (one each as to Patrick R. and Dante R.), both dated December 8, 2010, and an order of disposition of the same court dated December 10, 2010 (as to Anthony R.), which, upon an order of fact-finding of the same court dated August 4, 2008, made after a hearing, finding that she permanently neglected the subject children, terminated her parental rights, and transferred custody and guardianship of the subject children to St. Vincent's Services, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption. The appeals bring up for review the fact-finding order.
ORDERED that the orders of disposition are affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly found that she permanently neglected the subject children. The petitioner established by clear and convincing evidence that it made diligent efforts to assist the mother in maintaining contact with the children and planning for the children's future ( 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 Sheila G., 61 N.Y.2d 368, 373, 474 N.Y.S.2d 421, 462 N.E.2d 1139; Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 896 N.Y.S.2d 470). These efforts included facilitating visitation, repeatedly providing the mother with referrals for services and counseling, repeatedly advising the mother that she must enroll in and attend group services, and advising the mother that she needed to secure adequate housing for herself and the children ( see Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 896 N.Y.S.2d 470; Matter of Jada Ta–Toneyia L., 66 A.D.3d 901, 902, 886 N.Y.S.2d 640; Matter of Aliyanna M., 58 A.D.3d 853, 854, 873 N.Y.S.2d 124). Despite these efforts, the mother failed to plan for the children's future ( see Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 896 N.Y.S.2d 470; Matter of Sorin P., 58 A.D.3d 743, 744, 873 N.Y.S.2d 89; Matter of Amy B., 37 A.D.3d 600, 601, 830 N.Y.S.2d 294).
Furthermore, the Family Court properly determined that it was in the best interests of the children to terminate the mother's parental rights ( see Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 923 N.Y.S.2d 653; Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 896 N.Y.S.2d 470; Matter of “Baby Boy” E., 42 A.D.3d 536, 536–537, 840 N.Y.S.2d 130; Matter of Desire Star H., 202 A.D.2d 582, 584, 609 N.Y.S.2d 268). Termination of parental rights will free the children for adoption, providing them with the opportunity to have a permanent family ( see Matter of Michael B., 80 N.Y.2d 299, 590 N.Y.S.2d 60, 604 N.E.2d 122; Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 923 N.Y.S.2d 653). A suspended judgment was not appropriate in light of the mother's lack of insight into her problems, and her failure to acknowledge and address many of the issues which led to the children's removal in the first instance ( see Matter of Zechariah J. [Valrick J.], 84 A.D.3d 1087, 923 N.Y.S.2d 653; Matter of Amber D.C. [Angelica C.], 79 A.D.3d 865, 912 N.Y.S.2d 431; Matter of Amy B., 37 A.D.3d 600, 830 N.Y.S.2d 294).