Opinion
9629–9630
06-18-2019
IN RE ELIJAH G., and Another, Dependent Children Under the Age of Eighteen Years, etc., Stephanie S., Respondent–Appellant, v. Saint Dominic's Home and Administration for Children's Services, Petitioner–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
Sweeny, J.P., Manzanet–Daniels, Kapnick, Oing, Singh, JJ.
Orders of disposition, Family Court, New York County (Emily Olshansky, J.), entered on or about November 13, 2017 and December 5, 2017, which, upon findings of permanent neglect, terminated respondent mother's parental rights to each of the subject children, and committed them to the care and custody of the Commissioner of Social Services and petitioner agency for purposes of adoption, unanimously affirmed, without costs.
The determination that the children were permanently neglected by the mother is supported by clear and convincing evidence (see Social Services Law § 384–b[7][a] ). The agency engaged in diligent efforts to encourage and strengthen the mother's relationship with the children by developing an individualized plan tailored to fit the mother's needs, including a program instructing about the dangers of allowing the children to be in the same home as a person using PCP, which can cause hallucinations and make people violent. The mother was given multiple referrals for domestic violence counseling, parenting skills and individual counseling, and was granted visitation (see Matter of Cerenithy B. [Ecksthine B.], 149 A.D.3d 637, 51 N.Y.S.3d 89 [1st Dept. 2017], lv denied 29 N.Y.3d 1106, 61 N.Y.S.3d 195, 83 N.E.3d 203 [2017] ). Despite these efforts, the mother failed to benefit from the services offered, as evidenced by her acknowledgment that after the children suffered serious burns, which the court found to have been deliberately inflicted, the mother did not bring the children to get medical attention for the burns in a timely manner, and generally continued to deny responsibility for the conditions that led to the children's removal, including maintaining a relationship with an individual who tested positive for PCP ( Matter of Unique M. [Veronica A.], 154 A.D.3d 590, 62 N.Y.S.3d 271 [1st Dept. 2017], lv denied 30 N.Y.3d 909, 71 N.Y.S.3d 2, 94 N.E.3d 484 [2018] ).
A preponderance of the evidence supports the determination that termination of the mother's parental rights was in the best interests of the children (see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The record shows that the children have been in a stable, safe and loving foster home, with the maternal grandfather and maternal step-grandmother, for several years, where all of their special needs are being met, and that the foster parents wish to adopt them (see Matter of Jayvon Nathaniel L. [Natasha A.], 70 A.D.3d 580, 895 N.Y.S.2d 90 [1st Dept. 2010] ). The circumstances presented do not warrant a suspended judgment ( id. ).