Opinion
6391
04-26-2018
IN RE MARIAMA J., A Dependent Child Under the Age of Eighteen Years, etc., Jainaba C., Respondent–Appellant, v. Lutheran Social Services of New York, Petitioner–Respondent.
Larry S. Bachner, New York, for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Dawne Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), attorney for the child.
Larry S. Bachner, New York, for appellant.
Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.
Dawne Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), attorney for the child.
Mazzarelli, J.P., Kapnick, Kahn, Kern, Singh, JJ.
Order of fact-finding, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about October 18, 2016, which determined, after a hearing, that respondent permanently neglected the subject child, unanimously affirmed, without costs.
We deem the notice of appeal from the fact-finding order a request for permission to appeal, and grant the request (compare Matter of Alyssa L. [Deborah K.], 93 A.D.3d 1083, 1085–1086, 941 N.Y.S.2d 740 [3d Dept. 2012] ).
The finding of permanent neglect is supported by clear and convincing evidence ( Social Services Law § 384–b[7][a], [3][g][i] ). The record shows that petitioner agency made diligent efforts to encourage and strengthen the parental relationship by arranging for contact between respondent, who is incarcerated, and the child, obtaining services for respondent during her incarceration, reminding her of her planning obligations, and keeping her updated on the child's progress (see Matter of Eddie Christian S., 44 A.D.3d 504, 843 N.Y.S.2d 321 [1st Dept. 2007], lv denied 9 N.Y.3d 818, 851 N.Y.S.2d 390, 881 N.E.2d 839 [2008] ; Matter of Denzell H., 308 A.D.2d 370, 764 N.Y.S.2d 268 [1st Dept. 2003] ; Social Services Law 384–b[7][f] ). However, while respondent tried to maintain contact with the child, she failed to plan for the child's future. Her initial plan, to have the child cared for by relatives, resulted in the child's abuse and maltreatment by her care givers. Her only other plan, to keep the child in foster care during the period of her incarceration, which was estimated to extend to at least 2020, was no plan at all ( Matter of Danyel Ramona C., 306 A.D.2d 127, 128, 760 N.Y.S.2d 499 [1st Dept. 2003] ).