Opinion
2013-00062, Docket Nos. B-15052/09, B-15053/09.
10-01-2014
In the Matter of TATIANA E. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Mariya S. (Anonymous), appellant, et al., respondent.
Karen M. Jansen, White Plains, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Eileen Campbell–O'Brien of counsel), for petitioner-respondent. Neal D. Futerfas, White Plains, N.Y., attorney for the child.
Karen M. Jansen, White Plains, N.Y., for appellant.Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Eileen Campbell–O'Brien of counsel), for petitioner-respondent.
Neal D. Futerfas, White Plains, N.Y., attorney for the child.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
Opinion In related proceedings pursuant to Social Services Law § 384–b to terminate parental rights, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Westchester County (Davidson, J.), entered November 30, 2012, as, upon so much of an order of fact-finding of the same court dated July 13, 2011, made after a hearing, finding that she had permanently neglected the subject child, and, after a dispositional hearing, terminated her parental rights and directed that the custody and guardianship of the subject child be transferred to the Westchester County Department of Social Services for the purpose of adoption. The appeal brings up for review the order of fact-finding dated July 13, 2011.
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
The finding of permanent neglect with respect to the mother was supported by clear and convincing evidence that the petitioner agency made diligent efforts to strengthen the bond between her and the subject child, and to assist her in planning for the child's future (see Social Services Law § 384–b[7] ; Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824 ; Matter of Mahaadai D.H. [Rhonda L.H.], 110 A.D.3d 878, 880, 973 N.Y.S.2d 709 ; Matter of Victoria C. [Cassandra C.], 106 A.D.3d 1084, 1084–1085, 966 N.Y.S.2d 159 ; Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 1033, 896 N.Y.S.2d 470 ; Matter of Jada Ta–Toneyia L., 66 A.D.3d 901, 902, 886 N.Y.S.2d 640 ). These efforts included facilitating visitation, referring her to individual and domestic violence counseling services, providing a Russian interpreter, and providing her with shelter (see Matter of Shamika K.L.N. [Melvin S.L.], 101 A.D.3d 729, 730, 955 N.Y.S.2d 623 ; Matter of Elijah P. [C.I.P.], 76 A.D.3d 631, 632, 907 N.Y.S.2d 269 ; Matter of Jada Ta–Toneyia L., 66 A.D.3d at 902, 886 N.Y.S.2d 640 ; Matter of Sorin P., 58 A.D.3d 743, 744, 873 N.Y.S.2d 89 ; Matter of Danielle Joy K., 60 A.D.3d 948, 949, 875 N.Y.S.2d 257 ). The evidence at the hearing showed that for a period of one year following the child's placement with the agency, the mother failed to establish a separate residence and complete domestic violence and other counseling. She thereby failed to plan for the child's future by taking steps to correct the problems that had caused the child's removal and were preventing the child from being returned to her care (see Matter of Mahaadai D.H. [Rhonda L.H.], 110 A.D.3d at 880, 973 N.Y.S.2d 709 ; Matter of Victoria C. [Cassandra C.], 106 A.D.3d at 1084–1085, 966 N.Y.S.2d 159 ; Matter of Jada Ta–Toneyia L., 66 A.D.3d at 902, 886 N.Y.S.2d 640 ; Matter of Michelle Rennee H., 48 A.D.3d 684, 684–685, 850 N.Y.S.2d 918 ; Matter of Jennifer R., 29 A.D.3d 1005, 1006–1007, 817 N.Y.S.2d 309 ). The mother's consistent visitation with the subject child did not preclude a finding of permanent neglect in light of her failure to gain insight into the behavior that caused the child's removal and plan for the child's future (see Matter of Jaileen X.M. [Annette M.], 111 A.D.3d 502, 503, 974 N.Y.S.2d 440 ; Matter of Jennifer R., 29 A.D.3d at 1006–1007, 817 N.Y.S.2d 309 ; Matter of Justina Rose D., 28 A.D.3d 659, 660, 813 N.Y.S.2d 229 ).Furthermore, the Family Court correctly determined that it was in the best interests of the child to terminate the mother's parental rights and free the child for adoption (see Matter of Tarmara F.J. [Jaineen J.], 108 A.D.3d 543, 544, 969 N.Y.S.2d 119 ; Matter of Elijah P. [C.I.P.], 76 A.D.3d at 632, 907 N.Y.S.2d 269 ; Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d at 1034, 896 N.Y.S.2d 470 ; Matter of Jada Ta–Toneyia L., 66 A.D.3d at 902, 886 N.Y.S.2d 640 ; Matter of Sorin P., 58 A.D.3d at 744, 873 N.Y.S.2d 89 ).
The mother's remaining contentions are without merit.