Opinion
2021-03812 2020-02813
06-15-2021
In the Matter of Nelson M.L., A Child Under the Age of Eighteen Years, etc., SCO Family of Services, Petitioner-Appellant, v. Nilsa L., Respondent-Respondent. Docket No. B-16129/14 Appeal No. 14054
Leventhal, Mullaney & Blinkoff, LLP, Roslyn (Jeffrey L. Blinkoff of counsel), for appellant. Wilmer Cutler Pickering Hale and Dorr LLP, New York (Jeffery Allen Habenicht of counsel), for respondent. Larry S. Bachner, New York, attorney for the child.
Leventhal, Mullaney & Blinkoff, LLP, Roslyn (Jeffrey L. Blinkoff of counsel), for appellant.
Wilmer Cutler Pickering Hale and Dorr LLP, New York (Jeffery Allen Habenicht of counsel), for respondent.
Larry S. Bachner, New York, attorney for the child.
Before: Renwick, J.P., Kern, Singh, Moulton, JJ.
Order, Family Court, Bronx County (Alma M. Gomez, J.), entered on or about February 18, 2020, which, upon a fact-finding determination that petitioner agency failed to demonstrate by clear and convincing evidence that respondent mother permanently neglected the subject child, dismissed the petition to terminate respondent's parental rights, unanimously reversed, on the law and the facts, without costs, the petition reinstated, a finding of permanent neglect entered against respondent, and the matter remanded for a dispositional hearing.
The agency demonstrated by clear and convincing evidence that, notwithstanding its diligent efforts to encourage and strengthen respondent's parental relationship with the child, respondent failed to plan for the child's future (see Social Services Law § 384-b[7][a]; Matter of Star Leslie W., 63 N.Y.2d 136, 142 [1984]). The agency created a service plan for respondent, referring her for services, arranging for supervised visits, and following up with her. Contrary to respondent's contention, the agency's efforts were reasonable and it could not be charged with a guarantee that she would succeed in overcoming her predicaments (see Matter of Kaleemah Shaleah M., 6 A.D.3d 189, 191 [1st Dept 2004]). Respondent also failed to visit the child regularly and missed nearly forty percent of the scheduled visits (see Matter of Heaveah-Nise Stephania Jannah H. [Stephanie M.], 132 A.D.3d 458, 458 [1st Dept 2015]).
Furthermore, respondent failed to comply with her service plan by completing the anger management and parenting skills programs during the relevant statutory period. She misrepresented to the agency that she was enrolled in mental health services, even though she had not completed a full intake with a provider, and did not admit to not being engaged in mental health services until approximately six months later. All of these show a lack of planning for the child's future (see Matter of Selvin Adolph F. [Thelma Lynn W.], 117 A.D.3d 495, 498 [1st Dept 2014]).