Opinion
October 28, 1997
Appeal from Family Court, Bronx County (Stewart Weinstein, J.).
The finding of permanent neglect was supported by clear and convincing evidence that respondent failed to plan for the children's future by not availing herself of the drug rehabilitation and other programs that petitioner agency repeatedly referred her to and encouraged her to enter ( see, Social Services Law § 384-b [7]; Matter of Sheila G., 61 N.Y.2d 368; Matter of Juanita Katerina M., 205 A.D.2d 474; see also, Matter of Lameek L., 226 A.D.2d 464).
A fair preponderance of the evidence also demonstrated that the order of disposition was in accord with the best interests of the children since the two older children have lived with their aunt by marriage for six years and the youngest child has lived with her foster family since she was born, and all the children are thriving in these environments (Family Ct Act § 623; Matter of Star Leslie W., 63 N.Y.2d 136, 147-148; Matter of Reggie B., 223 A.D.2d 471; see also, Matter of Shaka Efion C., 207 A.D.2d 740).
Concur — Ellerin, J.P., Rubin, Tom, Mazzarelli and Andrias, JJ.