Opinion
2001-03916
Submitted June 12, 2003.
July 14, 2003.
In a proceeding pursuant to Social Services Law § 384-b to terminate the mother's parental rights on the ground, inter alia, of permanent neglect, the mother appeals from a fact-finding and dispositional order of the Family Court, Dutchess County (Brands, J.), dated April 13, 2001, which, after a fact-finding hearing, determined that she had permanently neglected the child, terminated her parental rights, and transferred custody and guardianship of the child to the Dutchess County Department of Social Services for purpose of adoption.
Salvatore C. Adamo, New York, N.Y., for appellant.
Ian G. MacDonald, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for respondent.
Carol Kahn, New York, N.Y., Law Guardian for the child.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner proved by clear and convincing evidence that it exercised due diligence in attempting to encourage and strengthen the parent-child relationship ( see Matter of Star Leslie W., 63 N.Y.2d 136, 142; Matter of Sheila G., 61 N.Y.2d 368, 380-381; Matter of Nassau County Dept. of Social Servs. [James M.] v. Diana T., 207 A.D.2d 399, 400), and that the mother failed to plan for the future of the child ( see Matter of Star Leslie W., supra at 142-143; Matter of Orlando F., 40 N.Y.2d 103). While there is evidence supporting the mother's contention that she attended some counseling sessions and had begun taking her medication, partial compliance with the court-ordered conditions was not sufficient to preclude a finding of permanent neglect ( see Matter of Diana L., 299 A.D.2d 359; Matter of Kandu Anthony Y., 166 A.D.2d 653).
FEUERSTEIN, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.