Opinion
12-17-2015
In re Alexis ALEXANDRA G., also known as Alexis G., also known as Alexis H., and Another, Dependent Children Under the Age of Eighteen Years, etc., Brandy H., also known as Brandy N.H., Respondent–Appellant, The Children's Aid Society, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Michelle R. Duprey of counsel), attorney for the child Alexis H. Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), attorney for the child Janiyah H.
Geoffrey P. Berman, Larchmont, for appellant.
Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Michelle R. Duprey of counsel), attorney for the child Alexis H.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), attorney for the child Janiyah H.
MAZZARELLI, J.P., ACOSTA, MOSKOWITZ, RICHTER, JJ.
Order of disposition, Family Court, Bronx County (Joan L. Piccirillo, J.), entered on or about October 20, 2014, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the child Janiyah H., and committed the custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed , without costs. Appeal from order, same court and Judge, entered on or about October 20, 2014, pertaining to the child Alexis G., unanimously dismissed, without costs, as academic.
The finding of permanent neglect is supported by clear and convincing evidence (Social Services Law § 384–b[7], [3][g] ). The record shows that the agency exerted diligent efforts to encourage and strengthen respondent's relationship with Janiyah by referring respondent to parenting skills training and a drug treatment program and by scheduling regular supervised visitation (see Matter of Jonathan M., 19 A.D.3d 197, 797 N.Y.S.2d 51 [1st Dept.2005], lv. denied 5 N.Y.3d 798, 801 N.Y.S.2d 560, 835 N.E.2d 329 [2005] ). Respondent completed a few of the services to which she was referred. However, despite the agency's diligent efforts, during the statutorily relevant period, she failed to address meaningfully the problems leading to Janiyah's placement, in particular, her addiction to prescription painkillers, and thus failed to plan for Janiyah's future (see Matter of Violeta P., 45 A.D.3d 352, 845 N.Y.S.2d 278 [1st Dept.2007] ). Respondent also failed to visit the child regularly. The agency was not a guarantor of respondent's success in overcoming her predicament (see Matter of Sheila G., 61 N.Y.2d 368, 385, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ).
A preponderance of the evidence at the dispositional hearing supports the finding that Janiyah's best interests would be served by terminating respondent'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] ) so as to facilitate the child's adoption by her foster mother, with whom she has lived since the age of two and who meets all her needs (see Matter of Jesus Michael P. [Sonia R.], 122 A.D.3d 520, 996 N.Y.S.2d 41 [1st Dept.2014] ; Matter of Juan A. [Nhaima D.R.], 72 A.D.3d 542, 543, 898 N.Y.S.2d 838 [1st Dept.2010] ). Respondent's request for a suspended judgment is unpreserved and, in any event, unwarranted (see Matter of Andrea E. [Valerie E.], 72 A.D.3d 1617, 899 N.Y.S.2d 684 [4th Dept.2010], lv. denied 15 N.Y.3d 703, 2010 WL 2605949 [2010] ; Matter of Juan A., 72 A.D.3d at 543, 898 N.Y.S.2d 838 ).
The appeal from the order pertaining to the child Alexis is academic, since she has reached the age of 18 (see Matter of Winston Lloyd D., 7 A.D.3d 706, 707, 777 N.Y.S.2d 175 [2d Dept.2004] ).