Opinion
10-11-2016
In re TRACY B., etc., and Another, Dependent Children Under Eighteen Years of Age, etc., Carlton B., Jr., Respondent–Appellant, Jewish Child Care Association of New York, Petitioner–Respondent.
Neal D. Futerfas, White Plains, for appellant. Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Neal D. Futerfas, White Plains, for appellant.
Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
MAZZARELLI, J.P., SWEENY, ACOSTA, MOSKOWITZ, GESMER, JJ.
Orders of disposition, Family Court, New York County (Stewart Weinstein, J.), entered on or about March 24, 2015, which, to the extent appealed from, upon a finding of permanent neglect, terminated the father's parental rights to the subject children Tracy B. and Myah B., and committed custody of the children to the Jewish Child Care Association and the Commissioner of the Administration for Children's Services for purposes of adoption, unanimously affirmed, without costs.
By devising an appropriate service plan, providing numerous referrals for random drug tests, regularly scheduling visitation between the father and the children, providing the father with transportation funds to ensure his attendance at visits and drug screening appointments, notifying him of the children's medical appointments, and counseling him as to the importance of complying with the service plan, the agency expended the requisite diligent efforts to reunite the father with his daughters (see Matter of Essence T.W. [Destinee R.W.], 139 A.D.3d 403, 404, 30 N.Y.S.3d 98 [1st Dept.2016] ; Matter of Jenna Nicole B. [Jennifer Nicole B.], 118 A.D.3d 628, 629, 987 N.Y.S.2d 851 [1st Dept.2014] ; Matter of Jaylin Elia G. [Jessica Enid G.], 115 A.D.3d 452, 452–453, 981 N.Y.S.2d 520 [1st Dept.2014] ).
Despite these efforts, the father failed to substantially and continuously maintain contact with or plan for the future of the children. The father failed to visit the children consistently and did not visit for periods of time, including the five-weeks immediately prior to the dispositional hearing (see Matter of Calvario Chase Norall W. [Denise W.], 85 A.D.3d 582, 583, 926 N.Y.S.2d 437 [1st Dept.2011] ; Matter of Aisha C., 58 A.D.3d 471, 472, 871 N.Y.S.2d 112 [1st Dept.2009], lv. denied 12 N.Y.3d 706, 879 N.Y.S.2d 53, 906 N.E.2d 1087 [2009] ). Moreover, the father did not comply with the service plan, as he failed to act appropriately at the visits that he attended (see Matter of Isis M. [Deeanna C.], 114 A.D.3d 480, 480, 980 N.Y.S.2d 408 [1st Dept.2014] ), failed to comply with all random drug tests (submitting to less than half of the referrals) (see Matter of Jenna Nicole B., 118 A.D.3d at 629, 987 N.Y.S.2d 851 ), failed to complete substance abuse treatment (id. ), failed to maintain a suitable home (Matter of Chandel B., 61 A.D.3d 546, 547, 877 N.Y.S.2d 63 [1st Dept.2009] ), and failed to attend the children's medical appointments (see Matter of Isis M., 114 A.D.3d at 481, 980 N.Y.S.2d 408 ). A preponderance of the evidence at the dispositional hearing supported the determination that it is in the children's best interests that the father's parental rights be terminated to facilitate adoption by the foster parents, with whom the children have lived since February 2014 and developed close relationships (see Matter of Alexis Alexandra G. [Brandy H.], 134 A.D.3d 547, 548, 23 N.Y.S.3d 13 [1st Dept.2015] ; Matter of Destiny S. [Hilda S.], 79 A.D.3d 666, 666–667, 913 N.Y.S.2d 223 [1st Dept.2010], lv. denied 16 N.Y.3d 709, 2011 WL 1237536 [2011] ).
We have reviewed the father's remaining contentions and find them unavailing.