Opinion
10158 10158A 10158B
10-22-2019
IN RE JAHEIM B., and Others, Children Under the Age of Eighteen Years, etc., April M., Respondent–Appellant, v. The Children's Village, Petitioner-Respondent.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant. Rosin Steinhagen Mendel PLLC, New York (Douglas H. Reiniger of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.
Rosin Steinhagen Mendel PLLC, New York (Douglas H. Reiniger of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the children.
Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.
Orders, Family Court, New York County (Emily M. Olshanky, J.), entered on or about July 20, 2018, which, inter alia, upon findings of permanent neglect, terminated respondent mother's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
Clear and convincing evidence supports the findings of permanent neglect ( Social Services Law § 384–b[7] ). The agency exerted diligent efforts to strengthen the mother's relationship with the children by referring her to parenting skills for special needs children, providing her with a child care voucher, offering assistance with submitting a public housing application, and scheduling and facilitating the mother's visitation with the children (see e.g. Matter of Giulio D. [Sylvia L.], 150 A.D.3d 580, 581, 56 N.Y.S.3d 49 [1st Dept. 2017] ).
Despite these diligent efforts, the mother failed to substantially plan for the children's future. The record shows that the mother failed to secure permanent housing, failed to gain insight into her parenting problems, continued to minimize the extent of the children's special needs and remained incapable of de-escalating the children's tantrums when they occurred (see Matter of Justice N.L.J. [Ebony J.], 157 A.D.3d 461, 462, 66 N.Y.S.3d 500 [1st Dept. 2018] ; Matter of Angelina Jessie Pierre L. [Anne Elizabeth Pierre L.], 114 A.D.3d 471, 980 N.Y.S.2d 406 [1st Dept. 2014], lv denied 23 N.Y.3d 901, 2014 WL 1775900 [2014] ).
A preponderance of the evidence supports the determination that termination of the mother's parental rights was in the best interests of the children (see generally Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The children were in the same stable foster home for eight years, where their extensive special needs were addressed, and the foster mother wished to adopt them (see Matter of Karin R. [Delinda R.], 146 A.D.3d 526, 527–528, 47 N.Y.S.3d 1 [1st Dept. 2017], lv denied 29 N.Y.3d 903, 2017 WL 1169723 [2017] ).