Opinion
2019-10975 Docket Nos. B-361-19, B-362-19, B-363-19
12-16-2020
In the MATTER OF ALQUARAN F. (Anonymous). Orange County Department of Social Services, petitioner-respondent; v. Anne C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Izaiah F. (Anonymous). Orange County Department of Social Services, petitioner-respondent; v. Anne C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2) In the Matter of La'Rai F. (Anonymous). Orange County Department of Social Services, petitioner-respondent; v. Anne C. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 3)
Alex Smith, Middletown, NY, for respondent-appellant. Langdon C. Chapman, County Attorney, Goshen, N.Y. (Linda P. DaSilva of counsel), for petitioner-respondent. Ronna L. DeLoe, Larchmont, NY, attorney for the children.
Alex Smith, Middletown, NY, for respondent-appellant.
Langdon C. Chapman, County Attorney, Goshen, N.Y. (Linda P. DaSilva of counsel), for petitioner-respondent.
Ronna L. DeLoe, Larchmont, NY, attorney for the children.
WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER In related proceedings pursuant to Family Court Act article 6 and Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Orange County (Victoria B. Campbell, J.), dated September 9, 2019. The order of disposition, insofar as appealed from, upon an order of fact-finding of the same court dated May 24, 2019, made after a fact-finding hearing, finding, inter alia, that the mother permanently neglected the subject children, and after a dispositional hearing, terminated the mother's parental rights and transferred guardianship and custody of the subject children to the petitioner for the purpose of adoption.
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
A parent has permanently neglected a child when he or she fails for a period of at least one year after the child came into the custody of an authorized agency substantially and continuously or repeatedly to maintain contact with or plan for the future of the child (see Social Services Law § 384–b[7][a] ; Matter of Joshua E.R. [Yolaine R.], 123 A.D.3d 723, 725, 997 N.Y.S.2d 739 ).
Here, the petitioner established, by clear and convincing evidence, that despite its diligent efforts to encourage and strengthen the parental relationship, the mother failed to have regular and consistent contact with the subject children, and failed to plan for the children's future (see Matter of Karina J.M. [Carmen Enid G.], 145 A.D.3d 893, 895, 44 N.Y.S.3d 103 ; Matter of Angelo E.S. [Katoya P.M.], 129 A.D.3d 850, 851, 10 N.Y.S.3d 337 ).
Furthermore, we agree with the Family Court's finding, after a dispositional hearing, that it was in the best interests of the children to terminate the mother's parental rights and to free them for adoption (see Matter of Davon K.W. [Lissette N.C.], 187 A.D.3d 766, 131 N.Y.S.3d 393 ; Matter of Zachi D.D. [Jeffrey D.], 124 A.D.3d 776, 777, 1 N.Y.S.3d 365 ).
MASTRO, J.P., AUSTIN, MILLER and CONNOLLY, JJ., concur.