Opinion
2012-12-21
In the Matter of ANDIE M., Frederick M. and Vonyee M. Onondaga County Department of Social Services, Petitioner–Respondent; Kimberly M. and Andrew M., Respondents–Appellants.
Kelly M. Corbett, Fayetteville, for Respondent–Appellant Andrew M. Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of Counsel), for Respondent–Appellant Kimberly M.
Kelly M. Corbett, Fayetteville, for Respondent–Appellant Andrew M. Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of Counsel), for Respondent–Appellant Kimberly M.
Gordon J. Cuffy, County Attorney, Syracuse (Sara J. Langan of Counsel), for Petitioner–Respondent.
James E. Corl, Attorney for the Children, Cicero, for Andie M. and Vonyee M.
PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND WHALEN, JJ.
MEMORANDUM:
Respondent parents appeal from an order that, inter alia, terminated their parental rights with respect to two of their children pursuant to Social Services Law § 384–b on the ground of permanent neglect, committed the custody and guardianship of those children to petitioner, and freed them for adoption. Contrary to respondents' contention, Family Court did not abuse its discretion in declining to enter a suspended judgment ( see Matter of Arella D.P.-D., 35 A.D.3d 1222, 825 N.Y.S.2d 411,lv. denied8 N.Y.3d 809, 834 N.Y.S.2d 507, 866 N.E.2d 453;Matter of Kyle S., 11 A.D.3d 935, 936, 782 N.Y.S.2d 213). Although the record establishes that respondents had made progress in improving, inter alia, the deplorable conditions and other problems existing in the family home, the progress“was not sufficient to warrant any further prolongation of the child[ren]'s unsettled familial status” (Matter of Maryline A., 22 A.D.3d 227, 228, 802 N.Y.S.2d 29). Under the circumstances, freeing the children for adoption by the foster parents with whom they had been residing was plainly in their best interests ( see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824;Matter of Arron Brandend C., 267 A.D.2d 107, 108, 701 N.Y.S.2d 6;Matter of Amanda R., 215 A.D.2d 220, 220–221, 626 N.Y.S.2d 481,lv. denied86 N.Y.2d 705, 632 N.Y.S.2d 499, 656 N.E.2d 598). Finally, the court properly denied posttermination visitation to respondents. It is now well settled that a court lacks the authority to direct continuing contact between parents and their children once parental rights have been terminated pursuant to Social Services Law § 384–b ( see Matter of Hailey ZZ. [Ricky ZZ.], 19 N.Y.3d 422, 426, 437–438, 948 N.Y.S.2d 846, 972 N.E.2d 87).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.