Opinion
2014-05-28
In the Matter of ZEBADIAH Z.W.A. H. (Anonymous). SCO Family of Services, et al., respondents; Imecka T.H. (Anonymous), appellant.
Deana Balahtsis, New York, N.Y. (Meghan R. Buckwalter of counsel), for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrier of counsel), for respondent SCO Family Services.
Deana Balahtsis, New York, N.Y. (Meghan R. Buckwalter of counsel), for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrier of counsel), for respondent SCO Family Services.
Scott A. Rosenberg, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorney for the child.
PETER B. SKELOS, J.P., RUTH C. BALKIN, L. PRISCILLA HALL, and JOSEPH J. MALTESE, JJ.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Turbow, J.), dated January 29, 2013, which, after fact-finding and dispositional hearings, found that she permanently neglected the subject child, terminated her parental rights, and transferred guardianship and custody of the subject child to the Commissioner of Social Services of the City of New York and the petitioner SCO Family of Services for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly found that the petitioning agency made diligent efforts to encourageand strengthen the parental relationship ( see Social Services Law § 348–b[7][a] ) and that the mother failed to plan for the subject child's future. The evidence at the fact-finding hearing showed that the mother failed to gain insight into the problems that caused the subject child's removal, and that were preventing the subject child's return to her care ( see Matter of Darryl A.H. [Olga Z.], 109 A.D.3d 824, 824, 971 N.Y.S.2d 134;Matter of Victoria C. [Cassandra C.], 106 A.D.3d 1084, 1085, 966 N.Y.S.2d 159;Matter of Dariana K.C. [Katherine M.], 99 A.D.3d 899, 901, 952 N.Y.S.2d 589;Matter of Megan V., 7 A.D.3d 721, 722, 776 N.Y.S.2d 518;Matter of Luno Scott A., 292 A.D.2d 602, 603, 740 N.Y.S.2d 94). Accordingly, the Family Court properly found that the mother permanently neglected the subject child.