| Matter of Arriola Nicole S. |
| 2007 NY Slip Op 09075 [45 AD3d 407] |
| November 20, 2007 |
| Appellate Division, First Department |
| In the Matter of Arriola Nicole S., Also Known as Arriola S. andAriola S., a Child Alleged to be Permanently Neglected. Shaniqua S., Also Known as ShaniquaLorrell S., Appellant; New York Foundling Hospital et al.,Respondents. |
—[*1] Law Office of Jeremiah Quinlan, Hastings-on-Hudson (Daniel Gartenstein of counsel), NewYork Foundling Hospital, for respondent. Tamara A. Steckler, The Legal Aid Society, New York City (Amy Licht of counsel), LawGuardian.
Order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on orabout December 13, 2006, which, upon a finding of permanent neglect, terminated respondent'sparental rights to the subject child and committed the child's guardianship and custody topetitioner agency and the Commissioner of Social Services for the purpose of adoption,unanimously affirmed, without costs.
The agency demonstrated by clear and convincing evidence that it satisfied its statutoryburden of making diligent efforts to strengthen the parental relationship (see SocialServices Law § 384-b [7] [f]; Matter of Sheila G., 61 NY2d 368, 373 [1984]).These efforts included scheduling regular visitation between respondent and the child, referringrespondent and encouraging her to attend parenting skills classes and to complete life skillstraining courses to overcome her disabilities, and actively advocating for her reenrollment in aprogram after she had been expelled for nonattendance (see Matter of Olivia F., 34 AD3d 234, 235 [2006]). Despite theagency's efforts, respondent failed, during the statutorily relevant period, to complete all requisiteprograms (see Matter of KimberlyC., 37 AD3d 192 [2007], lv denied 8 NY3d 813 [2007]; Matter of Angel P., 44 AD3d 448,448-449 [2007]). Further, during her irregular visitation, the mother failed to engage the child orshow improvement in developing the skills needed to meet the child's physical and emotionalneeds.
The agency established by a preponderance of the evidence that the best interests of the childwould be served by terminating respondent's parental rights so as to facilitate the child's adoptionby the foster mother, thereby permitting the child to remain in the only home she has known,with her [*2]biological brother, who has already been adopted bythe foster mother (see Matter of Dena Shamika A., 301 AD2d 464, 465 [2003]).Concur—Lippman, P.J., Mazzarelli, Marlow, Catterson and Kavanagh, JJ.