Opinion
7457 7457A
10-25-2018
IN RE JANAYA T., and Others, Children Under Eighteen Years of Age, etc., Sarah T., Respondent–Appellant, v. The New York Foundling Hospital, Petitioner–Respondent.
Carol L. Kahn, New York, for appellant. Daniel Gartenstein, Long Island City, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the children.
Carol L. Kahn, New York, for appellant.
Daniel Gartenstein, Long Island City, for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the children.
Friedman, J.P., Kapnick, Webber, Oing, Moulton, JJ.
Orders of fact-finding and disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about August 29, 2017, which, upon a fact-finding determination that respondent mother permanently neglected the subject children, terminated respondent's parental rights to the children and committed the custody and guardianship of the children to petitioner hospital and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence of respondent's failure to plan for the children's future, notwithstanding the agency's diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384–b[7][a] ; Matter of Sheila G., 61 N.Y.2d 368, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ). The evidence shows that the agency developed a plan tailored to respondent's needs, among other things, referring her for alcohol abuse treatment, mental health evaluation and domestic violence services, scheduling regular visitation, and meeting with her to review her service plan and discuss the importance of compliance (see Social Services Law § 384–b[7][f] ; Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ; Matter of Aisha C., 58 A.D.3d 471, 471–72, 871 N.Y.S.2d 112 [1st Dept. 2009], lv denied 12 N.Y.3d 706, 879 N.Y.S.2d 53, 906 N.E.2d 1087 [2009] ). However, respondent was uncooperative. She failed to follow up on repeated, multiple referrals for required services, visited the children sporadically, and avoided arranging an agency visit to her home when she moved back in with her mother. Respondent failed to take responsibility for the conditions that led to the children's removal, and failed to gain insight into the reasons, which include alcohol abuse, for the children's placement into foster care (see Matter of Nathaniel T., 67 N.Y.2d 838, 842, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986] ; Matter of Ashley R. [Latarsha R.], 103 A.D.3d 573, 962 N.Y.S.2d 71 [1st Dept. 2013], lv denied 21 N.Y.3d 857, 2013 WL 2436351 [2013] ).
The finding that termination of respondent's parental rights is in the children's best interests is supported by a preponderance of the evidence, which shows that the children have remained in the same pre-adoptive kinship foster home for several years, where they are well cared for, and that the foster mother wishes to adopt them (see Matter of Christina Jeanette C., 168 A.D.2d 351, 562 N.Y.S.2d 675 [1st Dept. 1990] ). As there is no evidence that any additional delay would alter the situation, a suspended judgment is not warranted (see Matter of Alexandria D. [Brenda D.], 136 A.D.3d 604, 26 N.Y.S.3d 270 [1st Dept. 2016] ).