Opinion
11-09-2017
In re NEKIA C., etc., A Dependanent Child Under the Age of Eighteen Years, etc., Kevin E.C., etc., Respondent–Appellant, Saint Dominic's Home, Petitioner–Respondent, Laurel S.McC., etc., Respondent.
Daniel R. Katz, New York, for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of Counsel), for respondent. Kenneth M. Tuccillo, Hastings on Hudson, Attorney for the Child.
Daniel R. Katz, New York, for appellant.
Warren & Warren, P.C., Brooklyn (Ira L. Eras of Counsel), for respondent.Kenneth M. Tuccillo, Hastings on Hudson, Attorney for the Child.
Order, Family Court, Bronx County (Joan L. Piccirillo, J.), entered on or about April 1, 2016, which to the extent appealed from, after a fact-finding hearing, found that respondent father Kevin E.C. permanently neglected the subject child, unanimously affirmed, without costs.
Although this nondispositional order is not appealable as of right, since this is a case based on permanent neglect (see Family Court Act § 1112[a] ; Matter of Alyssa L. [Deborah K.], 93 A.D.3d 1083, 941 N.Y.S.2d 740 [3d Dept.2012] ; Matter of Tasha E., 161 A.D.2d 226, 554 N.Y.S.2d 612 [1st Dept.1990] ), the finding of permanent neglect constitutes a "permanent and significant stigma" that may impact respondent's status in future proceedings ( Matter of Latisha T'Keyah J. [Monie J.], 117 A.D.3d 1051, 1052, 986 N.Y.S.2d 238 [2d Dept.2014] ; see also Matter of Joseph Benjamin P. [Allen P.], 81 A.D.3d 415, 916 N.Y.S.2d 50 [1st Dept.2011], lv. denied 16 N.Y.3d 710, 2011 WL 1584857 [2011] ). Accordingly, the Court, on its own motion, deems the notice of appeal to be a request for leave to appeal, and hereby grants leave to appeal.
Clear and convincing evidence in the record supports Family Court's finding that the agency made diligent efforts to strengthen the parental relationship by scheduling visitation and providing referrals for services, to address the reason for the child's placement into foster care, and respondent had failed, for more than a year, to plan for the return of the child.
The fact that respondent completed services does not preclude a finding of permanent neglect, since the record shows that he was unable to demonstrate the necessary parenting skills and failed to adequately plan for the subject child because of his inability to separate from the mother, who continued to suffer from untreated alcoholism (see Matter of Leroy Simpson M. [Joanne M.], 122 A.D.3d 480, 996 N.Y.S.2d 271 [1st Dept.2014] ; Matter of Kie Asia T. [Shaneene T.], 89 A.D.3d 528, 933 N.Y.S.2d 224 [1st Dept.2011] ; Matter of John G., Jr. [John G.], 70 A.D.3d 419, 420, 895 N.Y.S.2d 40 [1st Dept.2010] ; Social Services Law § 384–b[7][a], [f] ). Respondent refused to acknowledge his failure to protect the child from the effects of the mother's alcoholism that started, according to him, before the child's birth, and continued up to the date of the petitions (see Matter of John G., Jr., supra ).
MANZANET–DANIELS, J.P., ANDRIAS, GISCHE, KERN, SINGH, JJ., concur.