| Matter of Violeta P. |
| 2007 NY Slip Op 08749 [45 AD3d 352] |
| November 13, 2007 |
| Appellate Division, First Department |
| In the Matter of Violeta P., a Child Alleged to be PermanentlyNeglected. Mercedes Francisca P., Appellant; Episcopal Social Services,Respondent. |
—[*1] Magovern & Sclafani, New York City (Joanna M. Roberson of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York City (Claire V. Merkine of counsel),Law Guardian.
Order, Family Court, New York County (Sara P. Schechter, J.), entered on or aboutNovember 30, 2004, which, after a fact-finding determination, terminated respondent mother'srights to the subject child and transferred custody and guardianship to the New York CityCommissioner of Social Services and petitioner agency for the purpose of adoption, unanimouslyaffirmed, without costs.
Permanent neglect may be found where a parent fails to acknowledge the problem that led tofoster care placement in the first place (Matter of Alpacheta C., 41 AD3d 285 [2007]). Notwithstandingrespondent's completion of classes in parenting skills and anger management, and therapysessions, there was clear and convincing evidence that she had failed to plan for her child's future(see Social Services Law § 384-b [7]). The court was in the best position to makethis evaluation (Matter of TaaliyahSimone S.D., 28 AD3d 371 [2006]). The determination as to the child's best interests, infurtherance of finding her a permanent home, was supported by a [*2]preponderance of evidence highlighting the current positiveenvironment of a foster mother who desires to adopt. Concur—Tom, J.P., Friedman,Gonzalez, Sweeny and Kavanagh, JJ.