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In re Zamir J.

Supreme Court of New York, First Department
Mar 5, 2024
2024 N.Y. Slip Op. 1159 (N.Y. App. Div. 2024)

Opinion

No. 1786 Docket No. B-09797/18 B-09798/18 Case No. 2022-02834

03-05-2024

In the Matter of Zamir J. and Another, Dependent Children Under Eighteen Years of Age, etc., Marcella J., Respondent-Appellant, Catholic Guardian Services, Petitioner-Respondent.

Bruce A. Young, New York, for appellant. Marion C. Perry, New York, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.


Bruce A. Young, New York, for appellant.

Marion C. Perry, New York, for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.

Before: Singh, J.P., Friedman, Rodriguez, Higgitt, Rosado, JJ.

Orders of disposition, Family Court, New York County (Jonathan H. Shim, J.), entered on or about June 3, 2022, which found that respondent mother permanently neglected the subject children, terminated her parental rights, and committed the custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports the determination that the mother permanently neglected the children by failing to plan for their future, despite the agency's diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b[7][a]).

The record shows that the agency developed a plan for appropriate services, including referring the mother to programs for parenting, mental health, domestic violence counseling and substance abuse treatment, and scheduled regular visits with the children. The mother's failure to maintain contact with the children through consistent and regular visitation alone constitutes permanent neglect (see Matter of Aisha C., 58 A.D.3d 471, 472 [1st Dept 2009], lv denied 12 N.Y.3d 706 [2009]). Furthermore, the record shows that she failed to complete any portion of her service plan, demonstrating a lack of insight into the conditions that led to the children's removal (see Matter of Maria G.T. [Maria T.], 213 A.D.3d 556, 557 [1st Dept 2023]; Matter of Amanda M. T. [Charles Franklin T.], 189 A.D.3d 470, 471 [1st Dept 2020], lv denied 36 N.Y.3d 907 [2021], as well as the termination of parental rights as to her older children.

We have reviewed the mother's remaining contentions and find them unavailing.


Summaries of

In re Zamir J.

Supreme Court of New York, First Department
Mar 5, 2024
2024 N.Y. Slip Op. 1159 (N.Y. App. Div. 2024)
Case details for

In re Zamir J.

Case Details

Full title:In the Matter of Zamir J. and Another, Dependent Children Under Eighteen…

Court:Supreme Court of New York, First Department

Date published: Mar 5, 2024

Citations

2024 N.Y. Slip Op. 1159 (N.Y. App. Div. 2024)