Opinion
01-17-2017
In re JULIAN JOHN C., A Child Under Eighteen Years of Age, etc., Brunilda S., Respondent–Appellant., v. Edwin Gould Services for Children and Families, Petitioner–Respondent.
Carol L. Kahn, New York, for appellant. John R. Eyerman, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Carol L. Kahn, New York, for appellant.John R. Eyerman, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
ACOSTA, J.P., MAZZARELLI, MANZANET–DANIELS, WEBBER, GESMER, JJ.
Order of fact-finding and disposition (one paper), of the Family Court, Bronx County (Carol R. Sherman, J.), entered on or about June 26, 2015, insofar as it determined, after a hearing, that respondent mother permanently neglected the subject child, unanimously affirmed, without costs.
The agency demonstrated by clear and convincing evidence that it made diligent efforts to assist respondent to reunite with the child, and that respondent rejected such assistance in that she failed to follow through on referrals for a mental health evaluation, drug treatment, drug testing, and parenting skills and failed to consistently attend agency-supervised weekly scheduled visits with the child (see Matter of Essence T.W. [Destinee R.W.], 139 A.D.3d 403, 404, 30 N.Y.S.3d 98 [1st Dept.2016] ; Matter of Jenna Nicole B. [Jennifer Nicole B.], 118 A.D.3d 628, 629, 987 N.Y.S.2d 851 [1st Dept.2014] ; Matter of Jaylin Elia G. [Jessica Enid G.], 115 A.D.3d 452, 452–453, 981 N.Y.S.2d 520 [1st Dept.2014] ). The mother failed to visit with the child for a period of almost 6 months (see Matter of Calvario Chase Norall W. [Denise W.], 85 A.D.3d 582, 583, 926 N.Y.S.2d 437 [1st Dept.2011] ; Matter of Aisha C., 58 A.D.3d 471, 472, 871 N.Y.S.2d 112 [1st Dept.2009], lv. denied 12 N.Y.3d 706, 879 N.Y.S.2d 53, 906 N.E.2d 1087 [2009] ). She also failed to plan for the child's future by failing to address the problems that led to the child's removal (see Social Services Law § 384–b[7][a] ; Matter of Neveah Karen B. [Tamara B.], 134 A.D.3d 438, 439, 19 N.Y.S.3d 737 [1st Dept.2015] ).