Opinion
2017–07516 Docket Nos. B-1109-17, B-1118-17, B-1145-17, B-1147-17
12-12-2018
In the MATTER OF AMBER L.M. (Anonymous). Suffolk County Department of Social Services, Respondent; v. Cheryl M. (Anonymous), et al., Appellants. (Proceeding No. 1) In the Matter of Devon M.N. (Anonymous). Suffolk County Department of Social Services, Respondent; v. Cheryl M. (Anonymous), et al., Appellants. (Proceeding No. 2)
Gina M. Scelta, Huntington, NY, for appellant Cheryl M. Abbe C. Shapiro, Mount Sinai, NY, for appellant Richard N. Dennis M. Brown, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent. Margaret Carlo, Brentwood, NY, attorney for the children.
Gina M. Scelta, Huntington, NY, for appellant Cheryl M.
Abbe C. Shapiro, Mount Sinai, NY, for appellant Richard N.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent.
Margaret Carlo, Brentwood, NY, attorney for the children.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In two related proceedings pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother and the father separately appeal from an order of the Family Court, Suffolk County (Theresa Whelan, J.), dated June 6, 2017. The order, upon the mother's and the father's consent to findings of permanent neglect, and after a dispositional hearing, terminated the mother's and the father's parental rights on the ground of permanent neglect and transferred guardianship and custody of the subject children to the petitioner for the purpose of adoption.
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner, Suffolk County Department of Social Services, commenced two proceedings (one as to each of the subject children) to terminate the mother's and the father's parental rights. The mother and the father consented to findings that they permanently neglected the children. After a dispositional hearing, the Family Court terminated the mother's and the father's parental rights and transferred guardianship and custody of the children to the petitioner for the purpose of adoption. The mother and the father separately appeal.
Contrary to the mother's contention, her admission to having permanently neglected the subject children satisfied the burden of proof necessary for the Family Court's finding of permanent neglect against her (see Matter of Nyasia E.R. [Michael R.], 121 A.D.3d 792, 793, 993 N.Y.S.2d 751 ; Matter of Megan L.G.H. [Theresa G.H.], 102 A.D.3d 869, 869, 958 N.Y.S.2d 218 ; Matter of Adam L. [Marie L.-K.], 97 A.D.3d 581, 582, 947 N.Y.S.2d 604 ).
"At a dispositional hearing after a finding of permanent neglect, the Family Court must make its determination based upon the best interests of the [children]" (Matter of Phoenix D.A. [Jessie A.], 143 A.D.3d 701, 702, 38 N.Y.S.3d 437 ; see Matter of Karina J.M. [Carmen Enid G.], 145 A.D.3d 893, 895, 44 N.Y.S.3d 103 ). " ‘The credibility findings of the Family Court should be accorded great deference, as it had direct access to the parties and was in the best position to evaluate their testimony, character, and sincerity’ " ( Matter of Breana R.S. [Triana B.-S.], 148 A.D.3d 1157, 1158, 49 N.Y.S.3d 182, quoting Matter of Derrick D.A. [Shavonna L.L.D.], 134 A.D.3d 928, 929, 22 N.Y.S.3d 472 ).
Here, we agree with the Family Court's determination, based on a preponderance of the evidence, that it was in the children's best interests to terminate the parental rights of the mother and the father, as termination of parental rights will free the children for adoption, providing them with the opportunity to have a permanent family (see Matter of Michael B., 80 N.Y.2d 299, 310, 590 N.Y.S.2d 60, 604 N.E.2d 122 ; Matter of Karmer A.E. [Carlos A.E.], 158 A.D.3d 627, 627, 67 N.Y.S.3d 856 ; Matter of Nyasia E.R. [Michael R.], 121 A.D.3d at 793, 993 N.Y.S.2d 751 ; Matter of Jordan E.G.L. [Christina D.L.], 108 A.D.3d 546, 547, 967 N.Y.S.2d 840 ). Moreover, a suspended judgment was not appropriate in light of the mother's and the father's failure to acknowledge and address some of the issues that led to the children's removal in the first instance (see Matter of Lasuree A.B. [Carla S.B.], 141 A.D.3d 578, 579, 34 N.Y.S.3d 900 ; Matter of Jaylen S. [Victoria S.], 102 A.D.3d 877, 958 N.Y.S.2d 211 ; Matter of Megan L.G.H. [Theresa G.H.], 102 A.D.3d 869, 870, 958 N.Y.S.2d 218 ).
MASTRO, J.P., RIVERA, DUFFY and BRATHWAITE NELSON, JJ., concur.