Opinion
13765 Dkt. No. B-16154/18 Case No. 2019-05564
05-06-2021
In the MATTER OF WU–DAO W.Z., a Child Under the Age of Eighteen Years, etc., Children's Aid Society et al., Petitioners–Respondents, v. Brandis Ada N., Respondent–Appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant. Rosin Steinhagen Mendel PLLC, New York (Douglas H. Reiniger of counsel), for respondents. Dawne A. Mitchell, The Legal Aid Society, New York (Polixene Petrakopoulos of counsel), attorney for the child.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Rosin Steinhagen Mendel PLLC, New York (Douglas H. Reiniger of counsel), for respondents.
Dawne A. Mitchell, The Legal Aid Society, New York (Polixene Petrakopoulos of counsel), attorney for the child.
Renwick, J.P., Kapnick, Singh, Kennedy, JJ.
Order of fact-finding and disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about November 8, 2019, which, upon a finding of abandonment and permanent neglect, terminated respondent mother's parental rights to the subject child and transferred custody of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of abandonment was supported by clear and convincing evidence, including petitioner agency's case record and the testimony of its caseworker, which, at best, showed only "sporadic and minimal attempts" by the mother to communicate with the agency or otherwise inquire about the child's care and well-being during the relevant time period (see Matter of Jahnel B. [Carlene Elizabeth B.], 143 A.D.3d 416, 38 N.Y.S.3d 174 [1st Dept. 2016] ; Social Services Law § 384–b[4][b],[5][a] ).
The court properly excused the petitioning agency from proving diligent efforts and clear and convincing evidence supports the finding of abandonment and permanent neglect (see Matter of Bibianamiet L.-M. [Miledy L.N.], 71 A.D.3d 402, 403, 897 N.Y.S.2d 39 [1st Dept. 2010] ; see also Matter of Jackie Ann W. [Leticia Ann W.], 154 A.D.3d 459, 461, 61 N.Y.S.3d 534 [1st Dept. 2017] ).
A preponderance of the evidence demonstrated that termination of the mother's parental rights was in the best interest of the child, who has been living with his foster mother for much of his life (see 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 foster mother wishes to adopt the child and meets the child's special needs (see Matter of Fernando Alexander B. [Simone Anita W.], 85 A.D.3d 658, 659, 925 N.Y.S.2d 823 [1st Dept. 2011]; Matter of Shane Chayann Orion S. [Dexter F.], 79 A.D.3d 430, 431, 912 N.Y.S.2d 46 [1st Dept. 2010] ). We have considered the mother's remaining arguments and find them unavailing.