Opinion
2014-06-24
In re JENNA NICOLE B., etc., A Dependent Child Under Fourteen Years of Age, etc., Jennifer Nicole B., etc., Respondent–Appellant, v. Lutheran Social Services of New York, Petitioner–Respondent, James M., Respondent.
Harris Beach PLLC, New York (Peri A. Berger of counsel), for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.
Harris Beach PLLC, New York (Peri A. Berger of counsel), for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child.
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about October 23, 2012, which upon a fact-finding determination that respondent mother had permanently neglected the subject child, terminated her parental rights to the subject child and committed the custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence of the mother's failure, for the relevant time period, to maintain contact with the subject child or plan for her future, notwithstanding the agency's diligent efforts to strengthen the mother's relationship with the child (Social Services Law § 384–b[7][a]; see Matter of Star Leslie W., 63 N.Y.2d 136, 144, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984];Matter of Sheila G., 61 N.Y.2d 368, 385, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ). Although the agency arranged for regular visitation, the mother's visitation was inconsistent, and there were periods of time during which the mother did not visit ( see Matter of Brooke Louise H., 158 A.D.2d 425, 425–426, 552 N.Y.S.2d 3 [1st Dept.1990] ). The mother also failed to comply with all random drug test requests, failed to complete required mental health evaluations, and failed to complete a substance abuse treatment program during the relevent period (Matter of Elijah Jose S. [Jose Angel S.], 79 A.D.3d 533, 534, 912 N.Y.S.2d 213 [1st Dept.2010],lv. denied 16 N.Y.3d 708, 921 N.Y.S.2d 188, 946 N.E.2d 176 [2011] ).
A preponderance of the evidence establishes that termination of the mother's parental rights is in the child's best interests ( Star Leslie W., 63 N.Y.2d at 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824). The child has been living with her foster mother, her maternal grandmother, since November 2007, and her grandmother intends to adopt her. The record demonstrates that the grandmother has provided loving care to the child and has attended to her emotional needs ( see Matter of Jaileen X.M. [Annette M.], 111 A.D.3d 502, 503, 974 N.Y.S.2d 440 [1st Dept.2013],lv. denied 22 N.Y.3d 859, 2014 WL 113785 [2014] ). Moreover, although the mother made some recent positive strides, overall, because she had no realistic plan for the child's future, and in light of her continued incarceration, a suspended judgment is not warranted ( see id.). TOM, J.P., MOSKOWITZ, MANZANET–DANIELS, FEINMAN, GISCHE, JJ., concur.