From Casetext: Smarter Legal Research

In re Moena R

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 2010
74 A.D.3d 490 (N.Y. App. Div. 2010)

Opinion

No. 2992.

June 8, 2010.

Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about October 17, 2008, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child and committed custody and guardianship of the child to petitioner agency and the Commissioner for Social Services for the purpose of adoption, unanimously affirmed, without costs.

Anne Reiniger, New York, for appellant.

Carrieri Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.

Karen Freedman, Lawyers for Children, Inc., New York (Ronnie Dane of counsel), Law Guardian

Before: Mazzarelli, J.P., Saxe, Nardelli, DeGrasse and Manzanet-Daniels, JJ.


The finding of permanent neglect was supported by clear and convincing evidence (Social Services Law § 384-b [a]). The record shows that the agency made diligent efforts to encourage and strengthen the parental relationship by making appointments and referrals for respondent for drug and mental health treatment, arranging visitations with the child, advising respondent of the child's progress, and making available to her staff and counseling for developing a plan for appropriate services ( see Matter of Lady Justice I., 50 AD3d 425; Matter of Ashley Lisa D., 46 AD3d 359; Matter of Jah'lil Dale Emanuel McC., 44 AD3d 547). Notwithstanding respondent's mental disorder, she remained responsible for cooperating with and completing mandated drug and mental health treatment, which she failed to do ( see Lady Justice I., 50 AD3d at 426; Jah'lil Dale Emanuel McC., 44 AD3d at 548; Matter of Paul Michael G., 36 AD3d 541). Further, respondent continued her use of marijuana and repeatedly failed to take her prescribed psychiatric medication.

We have considered respondent's remaining arguments and find the m without merit.


Summaries of

In re Moena R

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 2010
74 A.D.3d 490 (N.Y. App. Div. 2010)
Case details for

In re Moena R

Case Details

Full title:In the Matter of LANISE MOENA R., a Child Alleged to be Permanently…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 8, 2010

Citations

74 A.D.3d 490 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4856
901 N.Y.S.2d 840

Citing Cases

Admin. for Children's Servs. v. Claudia A. (In re Michael A.)

For example, the petitioner referred the mother to a parenting class that was taught in Spanish and could…