Opinion
5385
01-09-2018
IN RE JUSTICE N.L.J., etc., a Dependent Child Under the Age of Eighteen Years, etc., Ebony J., also known as Salima A., Respondent–Appellant, v. SCO Family of Services, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Geoffrey P. Berman, Larchmont, for appellant.
Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Friedman, J.P., Richter, Gesmer, Kern, Moulton, JJ.
Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about June 21, 2016, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.Clear and convincing evidence supports the finding of permanent neglect ( Social Services Law § 384–b[7] ). The record shows that the agency exerted diligent efforts to strengthen the mother's relationship with the child by referring her to programs for substance abuse, anger management and parenting skills for special needs children, and for mental health therapy, and by scheduling visitation and providing her with a visiting coach to improve the quality of the visits (see Matter of Marissa Tiffany C–W. [Faith W.], 125 A.D.3d 512, 1 N.Y.S.3d 802 [1st Dept. 2015] ; Matter of Tiara J. [Anthony Lamont A.], 118 A.D.3d 545, 988 N.Y.S.2d 56 [1st Dept. 2014] ).Despite these diligent efforts, the mother failed to substantially plan for the child's future. Although the mother was able to successfully address her substance abuse issues, the record reflects that the mother did not sufficiently focus on her mental health problems and controlling her anger, or on the child's special needs. The caseworker testified that the quality of the mother's visits varied and she was unable to control the child's behavior, having to physically restrain him. The mother was also unreceptive to the visitation coaching, and visits often ended chaotically, with the mother rushing to leave (see Matter of Alexandria D. [Brenda D.], 136 A.D.3d 604, 26 N.Y.S.3d 270 [1st Dept. 2016] ).
A preponderance of the evidence supports the determination that it was in the best interests of the child to terminate the mother's parental rights (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 child was in the same stable foster home for three years, where he resided with his half brother, as well as his maternal uncle, and where his needs were met, and the foster parents wanted to adopt him (see e.g. Cerenithy B. [Ecksthine B.], 149 A.D.3d 637, 51 N.Y.S.3d 89 [1st Dept. 2017], lv denied 29 N.Y.3d 1106, 61 N.Y.S.3d 195, 83 N.E.3d 203 [2017] ). A suspended judgment was not warranted under the circumstances.