Opinion
2013-11258 2013-11259 2013-11260 Docket Nos. N-13212-05 N-13213-05 N-16435-05 N-6921-11 B-17012-11 B-8185-12.
01-28-2015
In the Matter of NICHOLAS A.N. (Anonymous). Westchester County Department of Social Services, respondent; Youvonne N. (Anonymous), appellant. (Proceeding Nos. 1 and 4) In the Matter of Dashawn N. (Anonymous). Westchester County Department of Social Services, respondent; Youvonne N. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Judae N. (Anonymous). Westchester County Department of Social Services, respondent; Youvonne N. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Kelsey N.-C. (Anonymous), also known as Kelcie N.-C. (Anonymous). Westchester County Department of Social Services, respondent; Youvonne N. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Kelsey N.C. (Anonymous), also known as Kelcie N.C. (Anonymous). Westchester County Department of Social Services, respondent; Youvonne N. (Anonymous), appellant. (Proceeding No. 6).
George E. Reed, Jr., White Plains, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Thomas G. Gardiner of counsel), for respondent. Lisa S. Goldman, White Plains, N.Y., attorney for the children.
George E. Reed, Jr., White Plains, N.Y., for appellant.Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Thomas G. Gardiner of counsel), for respondent.
Lisa S. Goldman, White Plains, N.Y., attorney for the children.
Opinion Appeals from (1) an order of fact-finding and disposition of the Family Court, Westchester County (Michelle I. Schauer, J.), dated December 4, 2013, (2) an order of fact-finding and disposition of that court, also dated December 4, 2013, and (3) an order of that court, made after a permanency hearing, also dated December 4, 2013. The first order of fact-finding and disposition, after fact-finding and dispositional hearings, found that the mother permanently neglected the child Nicholas N., terminated her parental rights, transferred guardianship and custody of Nicholas N. to the Westchester County Department of Social Services, and freed Nicholas N. for adoption. The second order of fact-finding and disposition, after fact-finding and dispositional hearings, found that the mother permanently neglected the child Kelsey N.-C., also known as Kelcie N.-C, terminated her parental rights, transferred guardianship and custody of Kelsey N.-C., also known as Kelcie N.-C. to the Westchester County Department of Social Services, and freed Kelsey N.-C., also known as Kelcie N.-C for adoption. The order made after a permanency hearing, insofar as appealed from, approved the petitioner's permanency goal of adoption as to the children Nicholas N. and Kelsey N.-C., also known as Kelcie N.-C.
ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements; and it is further,
ORDERED that the order made after a permanency hearing is affirmed insofar as appealed from, without costs or disbursements.
The Family Court properly found that the petitioner established by clear and convincing evidence that the mother permanently neglected the subject children (see Social Services Law § 384–b[7][a] ). The petitioner presented evidence that it made diligent efforts to encourage and strengthen the parental relationship by, inter alia, facilitating visitation, repeatedly providing the mother with referrals to various mental illness and controlled-substance abuse treatment programs, monitoring her progress in these programs, and repeatedly advising her that it was necessary to complete such programs (see Matter of
Ariana N.T. [Ana D.], 121 A.D.3d 1009, 994 N.Y.S.2d 679 ; Matter of Melisha M.H. [Sheila B.R.], 119 A.D.3d 788, 989 N.Y.S.2d 312 ; Matter of Elasia A.D.B. [Crystal D.G.], 118 A.D.3d 778, 987 N.Y.S.2d 188 ; Matter of Darryl A.H. [Olga Z.], 109 A.D.3d 824, 971 N.Y.S.2d 134 ). Despite these efforts, the mother failed to plan for the children's future by, inter alia, completing any of the numerous mental illness and drug treatment programs to which she was referred (see Matter of Ariana N.T. [Ana D.], 121 A.D.3d at 1010, 994 N.Y.S.2d 679 ; Matter of Melisha M.H. [Sheila B.R.], 119 A.D.3d at 788, 989 N.Y.S.2d 312 ; Matter of Elasia A.D.B. [Crystal D.G.], 118 A.D.3d at 779, 987 N.Y.S.2d 188 ; Matter of Darryl A.H. [Olga Z.], 109 A.D.3d at 824–825, 971 N.Y.S.2d 134 ).
Furthermore, the Family Court properly determined that it was in the best interests of both subject children to terminate the mother's parental rights and free them for adoption (see Family Ct. Act § 631 ; Matter of Precious D.A. [Tasha A.], 110 A.D.3d 789, 973 N.Y.S.2d 660 ; Matter of Alanda Helen M., 39 A.D.3d 859, 860, 835 N.Y.S.2d 619 ; Matter of Jessica Marie Q., 303 A.D.2d 512, 514, 757 N.Y.S.2d 304 ).
The mother's remaining contentions are either unpreserved for appellate review, not properly before this Court, or without merit.
DILLON, J.P., DICKERSON, COHEN and BARROS, JJ., concur.