Opinion
7566
11-08-2018
IN RE MICHAELLICA W., A Dependent Child Under the Age of Eighteen Years, etc. Michael W., Respondent–Appellant. v. New York Foundling Hospital, Petitioner–Respondent.
The Bronx Defenders, Bronx (Lauren Teichner of counsel), for appellant. Andrew J. Baer, New York, attorney for the child.
The Bronx Defenders, Bronx (Lauren Teichner of counsel), for appellant.
Andrew J. Baer, New York, attorney for the child.
Friedman, J.P., Richter, Kahn, Oing, Moulton, JJ.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about February 24, 2017, which, upon a finding of permanent neglect, terminated respondent's parental rights to the subject child and transferred custody of the child to petitioner agency for purposes of adoption, unanimously affirmed, without costs.
The agency established by a preponderance of the evidence that it was in the child's best interests to terminate respondent's parental rights (see Family Court Act § 631 ; Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ; Matter of Latesha Nicole M., 219 A.D.2d 521, 631 N.Y.S.2d 669 [1st Dept. 1995] ). The child has resided with the foster mother for virtually her entire life, bonded with her, is thriving in her care, and wants to be adopted by her (see Matter of Selvin Adolph F. [Thelma Lynn W.], 146 A.D.3d 418, 418–419, 44 N.Y.S.3d 397 [1st Dept. 2017] ; Matter of Deime Zechariah Luke M. [Sharon Tiffany M.], 112 A.D.3d 535, 537, 978 N.Y.S.2d 125 [1st Dept. 2013], lv denied 22 N.Y.3d 863, 2014 WL 1243479 [2014] ; Matter of Arnel Ashley B. [Cynthia T.], 89 A.D.3d 504, 505, 932 N.Y.S.2d 464 [1st Dept. 2011], lv denied 2012 N.Y. Slip Op. 69116, 2012 WL 1085578 [2012] ). While the child is also bonded with respondent, she has not resided with him since she was less than two months old, and has never even had overnight visitation with him. Moreover, respondent has a history of inconsistent visitation, and continues to lack adequate housing.Respondent relies heavily on the court-appointed expert's opinions about the psychological harm of severing the parent-child relationship. However, the expert was steadfast in his recommendation that the child remain in the foster mother's care.
A suspended judgment is not appropriate, because there is no evidence that further delay will result in a finding that it is not in the child's best interests to terminate respondent's parental rights (see Matter of Andrea L.P. [Cassandra M.P.], 156 A.D.3d 413, 414, 64 N.Y.S.3d 527 [1st Dept. 2017] ; Selvin Adolph F., 146 A.D.3d at 419, 44 N.Y.S.3d 397 ). Throughout the 12 years that the child was in foster care, respondent failed to maintain a reliable presence in her life, to secure suitable housing, or otherwise to plan realistically for a future with her. The child "deserve[s] permanency after this extended period of uncertainty" (see Andrea L.P., 156 A.D.3d at 414, 64 N.Y.S.3d 527 ; Matter of Autumn P. [Alisa R.], 129 A.D.3d 519, 520, 11 N.Y.S.3d 149 [1st Dept. 2015] ).