Opinion
2001-09979
Argued April 4, 2003.
May 5, 2003.
In a proceeding pursuant to Social Services Law § 384-b and Family Court Act article 6 to adjudicate David M-H a permanently neglected child and to commit him to the custody and guardianship of the Orange County Department of Social Services, the mother appeals from an order of the Family Court, Orange County (Klein, J.), entered October 2, 2001, which committed the guardianship and custody of David M-H to the Commissioner of the Orange County Department of Social Services on condition that he is adopted by the foster parents.
Gary Greenwald, Chester, N.Y. (Marie DuSault of counsel), for appellant.
Catherine M. Bartlett, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent.
Del Atwell, Montauk, N.Y., Law Guardian for the child.
Before: FRED T. SANTUCCI, J.P. DANIEL F. LUCIANO, SANDRA L. TOWNES, and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs and disbursements.
"[P]arental rights may be terminated only upon clear and convincing proof of abandonment, inability to care for the child due to mental illness or retardation, permanent neglect, or severe or repeated child abuse" (Matter of Michael B., 80 N.Y.2d 299, 310). Here, the petitioner established by clear and convincing evidence that despite the agency's diligent efforts, the mother failed to plan for the return of the child and disregarded the agency's orders. Thus, the termination of the mother's parental rights was in the best interests of the child.
Although a portion of the caseworkers's testimony was hearsay, it was material and relevant to the issue of whether the mother violated the terms of an earlier order of the same court, entered July 7, 1999, and thus was properly admitted at the dispositional hearing (see Family Court Act § 624; Matter of James Carton K., 235 A.D.2d 422).
The mother's remaining contentions are without merit.
SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.