Opinion
2012-07-11
In the Matter of TEMPLE S.M. (Anonymous). Little Flower Children and Family Services of New York, respondent; Tricia M. (Anonymous), appellant. In the Matter of Renee R.M. (Anonymous). Little Flower Children and Family Services of New York, respondent; Tricia M. (Anonymous), appellant.
Cheryl Charles–Duval, Brooklyn, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent.
Cheryl Charles–Duval, Brooklyn, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child.
MARK C. DILLON, J.P., ARIEL E. BELEN, LEONARD B. AUSTIN, and SANDRA L. SGROI, JJ.
In two related proceedings pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of two orders of fact-finding and disposition of the Family Court, Kings County (Lim, J.) (one as to each child), both dated October 8, 2010, as, after fact-finding and dispositional hearings, found that she permanently neglected the subject children, terminated her parental rights, and transferred custody and guardianship of the subject children jointly to the Commissioner of Social Services of the City of New York and Little Flower Children and Family Services for the purpose of adoption.
ORDERED that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly found that she permanently neglected the subject children. The petitioner established by clear and convincing evidence that it made diligent efforts to assist the mother in maintaining contact with the children and planning for their future ( see Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824;Matter of Sheila G., 61 N.Y.2d 368, 373, 474 N.Y.S.2d 421, 462 N.E.2d 1139). These efforts included repeated referrals of the mother to drug treatment and mental health programs, the monitoring of her progress in these programs, repeated advice to the mother that she must attend and complete certain drug treatment and mental health programs, submit to random drug screening, and undergo a mental health evaluation, and the scheduling of regular visits between the mother and the children ( see Matter of Kyshawn F. [Nellie M. F.], 95 A.D.3d 883, 944 N.Y.S.2d 184;Matter of Darrnell G. [Robin Denise H.]., 88 A.D.3d 789, 930 N.Y.S.2d 908;cf. Matter of Harlem Dowling–Westside Ctr. for Children & Family Servs., 245 A.D.2d 449, 450, 666 N.Y.S.2d 651).
Despite these efforts, the mother failed to plan for the children's future ( see Matter of Jamie M., 63 N.Y.2d 388, 393, 482 N.Y.S.2d 461, 472 N.E.2d 311;Matter of Orlando F., 40 N.Y.2d 103, 110, 386 N.Y.S.2d 64, 351 N.E.2d 711;Matter of Kyshawn F. [Nellie M.F.], 95 A.D.3d 883, 944 N.Y.S.2d 184;Matter of Malen Sansa V. [Nancy J.], 70 A.D.3d 707, 708, 894 N.Y.S.2d 98;Matter of Fatima G., 64 A.D.3d 652, 653, 883 N.Y.S.2d 130;Matter of Noelia T., 61 A.D.3d 983, 984, 879 N.Y.S.2d 155;Matter of Rosanette O., 291 A.D.2d 237, 737 N.Y.S.2d 360). Furthermore, the Family Court properly determined that it was in the best interests of the subject children to terminate the mother's parental rights ( see Matter of Star Leslie W., 63 N.Y.2d at 147, 481 N.Y.S.2d 26, 470 N.E.2d 824;Matter of Kyshawn F. [Nellie M. F.]., 95 A.D.3d 883, 944 N.Y.S.2d 184;Matter of Malen Sansa V. [Nancy J.], 70 A.D.3d at 708, 894 N.Y.S.2d 98;cf. Matter of Renelle S., 288 A.D.2d 229, 230, 732 N.Y.S.2d 432).