Opinion
September 21, 1995
Appeal from the Family Court, New York County (George Jurow, J.).
Contrary to respondent's contention, Family Court applied the correct standard at the dispositional hearing. Once permanent neglect has been established, here by respondent's own in-court admission, "the court in the dispositional hearing must be concerned only with the best interests of the child" ( Matter of Star Leslie W., 63 N.Y.2d 136, 147-148). There is no presumption that those interests, which must be established by a preponderance of the evidence, will be served best by return to the natural parent ( supra; Matter of Celeste M., 180 A.D.2d 437, 438). On the evidence presented here, the court properly concluded that the best interests of these special needs children required termination of respondent's parental rights and transfer of their guardianship and custody for the purposes of adoption. Despite respondent's recent efforts at rehabilitation, her situation remains unsettled, "[t]he children had bonded with the foster parents and there was no evidence of a positive, meaningful relationship with respondent to warrant a suspended judgment" ( Matter of Amanda R., 215 A.D.2d 220, citing Matter of Michael B., 80 N.Y.2d 299, 311).
Concur — Wallach, J.P., Kupferman, Ross, Nardelli and Tom, JJ.