Opinion
2011-12-15
In re KAMILAH AMINAH ABDULLA K., etc., and Another, Dependent Children Under Eighteen Years of Age, etc.,Jarmila O., etc., Respondent–Appellant,Cardinal McCloskey Services, Petitioner–Respondent.
Andrew J. Baer, New York, for appellant. Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent.
Andrew J. Baer, New York, for appellant. Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent.
Order of disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about October 12, 2010, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject children, and committed the custody and guardianship of the children to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence of respondent's failure to plan for the children's future (Social Services Law § 384–b[7][a]; Matter of Fernando Alexander B. [ Simone Anita W.], 85 A.D.3d 658, 659, 925 N.Y.S.2d 823 [2011] ). The evidence established that in the four years since the older child was removed from the mother's care, and in the two years since the younger child was removed, the agency acted diligently by issuing numerous referrals for the mother to obtain housing, submit to drug testing, and attend drug treatment programs mandated by her service plan and it repeatedly reminded her of the importance of compliance with the service plan. Although the mother completed mandatory anger management and parenting skills classes and consistently visited the children, she was terminated from the housing programs and never obtained suitable housing, either never attended or failed to complete any of the seven drug treatment programs to which she was referred, and refused to comply with the overwhelming majority of drug testing referrals. Moreover, she failed the five drug tests that she took.
A preponderance of the evidence establishes that it is in the best interests of the children to terminate respondent's parental rights to them ( see Matter of Khalil A. [ Sabree A.], 84 A.D.3d 632, 923 N.Y.S.2d 107 [2011] ). The children have been residing in a stable and nurturing environment with their foster mother (their maternal grandmother), who is willing and able to adopt them.