Opinion
2012-07-5
In the Matter of SHAPREA L.R. (Anonymous). Westchester County Department of Social Services, respondent; Mario L. (Anonymous), also known as Mario A.L.G. (Anonymous), appellant.
David Bliven, White Plains, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Thomas G. Gardiner of counsel), for respondent.
David Bliven, White Plains, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Thomas G. Gardiner of counsel), for respondent.
Neal D. Futerfas, White Plains, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of fact-finding and disposition of the Family Court, Westchester County (Schauer, J.), entered May 26, 2011, which, after fact-finding and dispositional hearings, found that he permanently neglected the subject child, terminated his parental rights, and transferred the guardianship and custody of the child to the Westchester County Department of Social Services for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The Family Court properly determined that the father permanently neglected the subject child by failing to plan for her future ( seeSocial Services Law § 384–b[7][c]; 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 Kendra D. [ Amanda D.], 81 A.D.3d 644, 644–645, 921 N.Y.S.2d 860;Matter of Chyanne H., 62 A.D.3d 876, 877–878, 879 N.Y.S.2d 550). Contrary to the father's contention, the presentment agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship ( seeSocial Services Law § 384–b[7][f]; Matter of Hadiyyah J.M. [ Fatima D.R.], 91 A.D.3d 874, 874–875, 938 N.Y.S.2d 565;Matter of Anthony R. [ Juliann A.], 90 A.D.3d 1055, 1056, 937 N.Y.S.2d 72). Under the circumstances of this case, including that the child was thriving in the home of her foster parents, with whom she had lived since December 2008, the court properly declined to issue a suspended judgment. Moreover, the court properly denied the father's request for post-termination visitation between the child and him ( see Matter of Hailey ZZ. [ Ricky ZZ.], 19 N.Y.3d 422, ––– N.Y.S.2d ––––, ––– N.E.2d ––––, 2012 N.Y. Slip Op. 04374, 2012 WL 2031121 [2012] ).