Opinion
05-23-2017
In re GIULIO D., and Another, Dependent Children Under the Age of Eighteen Years, etc. Sylvia L., Respondent–Appellant, Edwin Gould Services for Children and Families, Petitioner–Respondent.
Thomas R. Villecco, Jericho, for appellant. John R. Eyerman, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Thomas R. Villecco, Jericho, for appellant.
John R. Eyerman, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
FRIEDMAN, J.P., MOSKOWITZ, FEINMAN, GISCHE, KAHN, JJ.
Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about October 21, 2015, which, to the extent appealed from as limited by the briefs, determined, after a hearing, that respondent mother had permanently neglected the subject children, unanimously affirmed, without costs.
Clear and convincing evidence supports the determination that the mother permanently neglected the subject children by failing to plan for their future, despite petitioner agency's diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384–b[7][a] ; Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ; Matter of Sheila G., 61 N.Y.2d 368, 384–386, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ). The agency exercised diligent efforts by scheduling regular visitation, and by referring the mother to alcohol and drug treatment, and parenting skills and mental health services (see Matter of Marissa Tiffany C–W. [Faith W.], 125 A.D.3d 512, 512, 1 N.Y.S.3d 802 [1st Dept. 2015] ). Although the mother did complete many aspects of her service plan, she failed to gain insight into her parental deficiencies or benefit from the services (see e.g. Matter of Jaileen X.M. [Annette M.], 111 A.D.3d 502, 502, 974 N.Y.S.2d 440 [1st Dept.2013], lv. denied 22 N.Y.3d 859, 2014 WL 113785 [2014] ). Among other things, the mother continued to display poor parenting skills at visits to the point where both children requested that visits be stopped. The mother's therapist reported that the mother had gained little insight since engaging in therapy, and the case planner observed that the mother continually failed to take responsibility for her role in the circumstances that led to the children's placement.