| Matter of Jonathan Jose T. |
| 2007 NY Slip Op 07905 [44 AD3d 508] |
| October 18, 2007 |
| Appellate Division, First Department |
| In the Matter of Jonathan Jose T., and Others, Children Alleged tobe Permanently Neglected. Mercedes F., Appellant; Salvation Army Social Services of GreaterNew York, Respondent. |
—[*1] Rosin Steinhagen Mendel, New York City (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York City (Judith Waksberg of counsel),and Proskauer Rose LLP, New York City (Andrew I. Gerber of counsel), LawGuardian.
Orders, Family Court, New York County (Jody Adams, J.), entered on or about June 12 and14, 2006, which, after a fact-finding determination that respondent mother had permanentlyneglected her children, terminated her parental rights and transferred custody and guardianship ofthe children to petitioner for the purpose of adoption, unanimously affirmed, without costs.
There was clear and convincing evidence to support the Family Court's determination thatdespite the agency's diligent efforts, respondent permanently neglected her children. Althoughrespondent visited her children up until June 2004, she missed 19 visits in a seven-month period,and the quality of the visits was poor. In any event, visitation does not preclude a finding ofpermanent neglect where, as here, there has been a failure to plan for the children's future (Matter of Emanuel N.F., 22 AD3d288, 289 [2005]). Indeed, the record demonstrates that although the agency referredrespondent for a mental health evaluation and made numerous attempts to assist her in obtainingsuitable housing, she failed to avail herself of these services (see Matter of Michenella I., 16 AD3d 353 [2005], lv denied5 NY3d 717 [2005]). The court also properly found that the best interests of the childrenwould be served by terminating respondent's parental rights and not entering a suspendedjudgment, since respondent had no viable plan for the children's future, and freeing the childrenfor adoption by their foster mother, with whom they have lived for three years, gave them thebest chance for permanence and stability (see id.). Concur—Saxe, J.P., Marlow,Williams, Sweeny and Malone, JJ.