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Matter of Todd Andre' D. v. Kenyetta L.

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 7420 (N.Y. App. Div. 2011)

Opinion

2010-08474, (Docket No. B-7425-09).

Decided on October 18, 2011.

In a proceeding, inter alia, pursuant to Social Services Law § 384-b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Kings County (Grosvenor, J.), dated June 30, 2010, as, after fact-finding and dispositional hearings, found that she permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the child to the Commissioner of Social Services of the City of New York and Children's Village for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

Deana Balahtsis, New York, N.Y. (Meghan R. Buckwalter of counsel), for appellant.

Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), for petitioner-respondent.

Steven Banks, New York, N.Y. (Tamara Steckler and Elana Ella Roffman of counsel), attorney for the child.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, LEONARD B. AUSTIN, SANDRA L. SGROI, JJ.


DECISION ORDER

The Family Court properly determined that there was clear and convincing evidence that the mother permanently neglected the subject child by failing, for a year following the child's entrance into foster care, to plan for his return ( see Matter of Kendra D. [ Amanda D.], 81 AD3d 644; Matter of Wesley F., 190 AD2d 576; Matter of Gregory Michael M., 167 AD2d 469, 470-471; Matter of June Y., 128 AD2d 538). The record establishes that the petitioner made diligent efforts to help the mother comply with her service plan, which required the mother, inter alia, to complete a parenting skills class for special needs children, to complete individual and family therapy, and to maintain regular visits with the child. Moreover, the Family Court properly determined that termination of the mother's parental rights was in the child's best interest ( see Matter of Kendra D. [ Amanda D.], 81 AD3d at 644; Matter of Shawna DD., 289 AD2d 892, 894; Matter of Kenneth A., 206 AD2d 602, 604).

RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.


Summaries of

Matter of Todd Andre' D. v. Kenyetta L.

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 7420 (N.Y. App. Div. 2011)
Case details for

Matter of Todd Andre' D. v. Kenyetta L.

Case Details

Full title:IN THE MATTER OF TODD ANDRE' D. (Anonymous), JR. CHILDREN'S VILLAGE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 2011

Citations

2011 N.Y. Slip Op. 7420 (N.Y. App. Div. 2011)
931 N.Y.S.2d 256