Opinion
CAF 18–02176 409
05-01-2020
In the MATTER OF MARIA M. Erie County Department of Social Services, Petitioner–respondent; v. Kristin M., Respondent–appellant. (Appeal No. 1.)
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT. NATALIE M. STUTZ, BUFFALO, FOR PETITIONER–RESPONDENT. JESSICA L. VESPER, BUFFALO, ATTORNEY FOR THE CHILD.
CHARLES J. GREENBERG, AMHERST, FOR RESPONDENT–APPELLANT.
NATALIE M. STUTZ, BUFFALO, FOR PETITIONER–RESPONDENT.
JESSICA L. VESPER, BUFFALO, ATTORNEY FOR THE CHILD.
PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to her daughter on the ground of permanent neglect. Contrary to the mother's contention, Family Court properly determined that she failed to plan for the future of the child (see Social Services Law § 384–b [7][a] ). Although the mother completed parenting classes and maintained contact with the child, she did not complete her treatment for mental health and substance abuse issues, and she continued to have positive toxicology screens for cocaine. We conclude that the mother "did not successfully address or gain insight into the problems that led to the removal of the child and continued to prevent the child's safe return" ( Matter of Savanna G. [Danyelle M.], 118 A.D.3d 1482, 1483, 988 N.Y.S.2d 812 [4th Dept. 2014] [internal quotation marks omitted]; see Matter of Joshua W., Jr. [Joshua W., Sr.], 159 A.D.3d 1589, 1590, 72 N.Y.S.3d 738 [4th Dept. 2018], lv denied 31 N.Y.3d 909, 2018 WL 2924941 [2018] ; Matter of Tiara B. [Torrence B.], 70 A.D.3d 1307, 1307, 895 N.Y.S.2d 622 [4th Dept. 2010], lv denied 14 N.Y.3d 709, 2010 WL 1754796 [2010] ).
Contrary to the further contention of the mother, the evidence supports the court's determination that termination of her parental rights is in the best interests of the child, and the court did not abuse its discretion in refusing to issue a suspended judgment (see generally Matter of Carl B. [Crystale L.], 178 A.D.3d 1456, 1457, 112 N.Y.S.3d 641 [4th Dept. 2019] ). The steps taken by the mother to address her mental health and substance abuse issues were "not sufficient to warrant any further prolongation of the child's unsettled familial status" ( Matter of Alexander M. [Michael A.M.], 106 A.D.3d 1524, 1525, 964 N.Y.S.2d 445 [4th Dept. 2013] ; see also Matter of Kellcie NN. [Sarah NN.], 85 A.D.3d 1251, 1252, 924 N.Y.S.2d 617 [3d Dept. 2011] ), particularly in light of the mother's continuing criminal conduct. Additionally, although the record established that the child had a bond with the mother, it also established that the child had a bond with her foster parents. Under the totality of the circumstances, we conclude that there is no basis to disturb the court's determination to terminate the mother's parental rights (see Matter of Michaellica W. [Michael W.], 166 A.D.3d 425, 426, 89 N.Y.S.3d 125 [1st Dept. 2018] ; Matter of Noah V.P. [Gino P.], 96 A.D.3d 1472, 1473–1474, 945 N.Y.S.2d 836 [4th Dept. 2012] ).