| Matter of Jah'lil Dale Emanuel McC. |
| 2007 NY Slip Op 08004 [44 AD3d 547] |
| October 25, 2007 |
| Appellate Division, First Department |
| In the Matter of Jah'lil Dale Emanuel McC., a Child Alleged to bePermanently Neglected. Lillian W., Appellant; Edwin Gould Services for Children and Families,Respondent. |
—[*1] John R. Eyerman, New York City, for respondent. Tamara A. Steckler, The Legal Aid Society, New York City (Patricia S. Colella of counsel),Law Guardian.
Order of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered onor about July 17, 2006, which, to the extent appealed from, upon a finding of permanent neglect,terminated respondent mother's parental rights to the subject child and committed his custodyand guardianship to petitioner agency and the Commissioner of the Administration for Children'sServices for the purpose of adoption, unanimously affirmed, without costs.
The testimony of the agency's caseworker at the fact-finding hearing provided clear andconvincing evidence that the agency made diligent efforts to encourage and strengthen theparental relationship, including arranging weekly visits, regularly advising respondent of thechild's progress and of her need to obtain suitable housing, and referring her for drug treatmentand parenting skills programs (Social Services Law § 384-b [7] [f]; see Matter of Jonathan R.M., 26 AD3d205 [2006]). Contrary to respondent's appellate contention that the agency's service plan wasinadequate because it failed to identify her bipolar disorder as a problem preventing the return ofthe child and to refer her for appropriate services, the record establishes that she receivedpsychiatric services to treat the disorder. Notwithstanding the agency's diligent efforts,respondent failed to plan for the child's future in that she did not complete a drug treatmentprogram during the statutorily relevant time period and, although eventually completing a drugprogram, her subsequent relapses demonstrate that the problem has not been ameliorated (see[*2]Matter of Davon Jamel W., 303 AD2d 213 [2003], lvdenied 100 NY2d 503 [2003]; Matter of Amanda R., 215 AD2d 220 [1995], lvdenied 86 NY2d 705 [1995]). Concur—Tom, J.P., Saxe, Nardelli, Sweeny andCatterson, JJ.