| Matter of Deajah Shabri T. |
| 2007 NY Slip Op 08240 [44 AD3d 1060] |
| October 30, 2007 |
| Appellate Division, Second Department |
| In the Matter of Deajah Shabri T., Also Known as Deajah T. SCOFamily of Services et al., Respondents; Charee Adia T., Also Known as Charee A.T., AlsoKnown as Charee T., Appellant. (Proceeding No. 1.) In the Matter of Desire Monet T., AlsoKnown as Desire T. SCO Family of Services et al., Respondents, Charee Adia T., Also Known as Charee A. T., Also Known as Charee T., Appellant. (Proceeding No. 2.) |
—[*1] Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCOFamily of Services. Seymour Gewirtz, New York, N.Y., Law Guardian.
In two related proceedings pursuant to Social Services Law § 384-b to terminateparental rights on the ground of permanent neglect, the mother appeals from two orders offact-finding and disposition of the Family Court, Kings County (Pearl, J.) (one as to each child),both [*2]dated August 11, 2006, which, after fact-finding anddispositional hearings, found that she permanently neglected the subject children, terminated herparental rights, and transferred custody and guardianship of the children to the petitioner and theCommissioner of Social Services of the City of New York for the purpose of adoption.
Ordered that the orders of fact-finding and disposition are affirmed, without costs ordisbursements.
Contrary to the mother's contentions, the presentment agency established that it made diligentefforts to encourage and strengthen the parent-child relationship (see Social Services Law§ 384-b [7] [f]; cf. Matter of Jamie M., 63 NY2d 388, 390 [1984]; Matter ofSheila G., 61 NY2d 368, 373 [1984]). These efforts included referring the mother to drugabuse treatment programs, monitoring the mother's progress in these programs, and schedulingregular visits with the children while the mother was in residential drug abuse treatment and laterincarcerated for her commission of a conspiracy offense (see Matter of Ailayah ShawnequeL., 40 AD3d 1097, 1097-1098 [2007], lv denied 9 NY3d 806 [2007]; Matter ofDistiny Angelina N., 18 AD3d 755, 756 [2005]). Despite these efforts, the mother failed fora period of more than one year following the date that the subject children came into the agency'scare to successfully complete any drug treatment program, and thus failed to plan for the futureof the children, although physically and financially able to do so (see Matter of DistinyAngelina N., 18 AD3d at 756; Matter of Lameek L., 226 AD2d 464, 465 [1996]).Under the circumstances, the finding of permanent neglect was supported by clear andconvincing evidence (see Matter of Star Leslie W., 63 NY2d 136, 140 [1984]).
The Family Court also properly found that the best interests of the children would be servedby terminating the mother's parental rights and freeing the children for adoption. The youngchildren had bonded with their foster mother, with whom they had lived more than three years atthe time of the dispositional hearing and the mother's visitation with the children had been, attimes, marked by inappropriate behavior. Crane, J.P., Lifson, Carni and Balkin, JJ., concur.