Opinion
2011-11-15
In re KIE ASIA T., and Others, Children Under the Age of Eighteen Years, etc.,Shaneene T., Respondent–Appellant,Saint Dominic's Home, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.MAZZARELLI, J.P., CATTERSON, MOSKOWITZ, RENWICK, ABDUS–SALAAM, JJ.
Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 21, 2010, which terminated respondent mother's parental rights, following fact-finding determinations that the mother permanently neglected the subject children, and committed the guardianship and custody of the children to Saint Dominic's Home and the Administration for Children's services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect entered against the mother was supported by clear and convincing evidence. Despite her completion of the recommended services, she was unable to demonstrate the necessary parenting skills, failed to consistently visit with the children, and failed to adequately plan for them because of her inability to separate from the father. The father continuously failed at his attempts at alcohol rehabilitation to the point of showing up smelling of alcohol for visits with the children. In addition, he did not complete anger management courses despite the two domestic violence petitions the mother had filed against him ( see e.g. Matter of Jessica Victoria S., 47 A.D.3d 428, 849 N.Y.S.2d 237 [2008]; Matter of Monica Betzy D., 291 A.D.2d 289, 737 N.Y.S.2d 615 [2002] ).
It was in the best interests of the children to terminate the mother's parental rights in order to free the children for adoption by their foster mother, with whom they had already resided for three and one half years and who provided the children with a stable, nurturing, well-supported environment ( see e.g. Matter of Toyie Fannie J., 77 A.D.3d 449, 908 N.Y.S.2d 673 [2010] ).
We have considered the remaining arguments, including the mother's request for a suspended judgment, and find them unavailing.