Matter of Angel A.
2008 NY Slip Op 01749 [48 AD3d 800]
February 26, 2008
Appellate Division, Second Department
As corrected through Wednesday, April 16, 2008


In the Matter of Angel A. New York Foundling Hospital,Respondent, et al., Respondent; Jasmine N., Appellant.

[*1]Omotayo Orederu, Staten Island, N.Y., for appellant.

Jeremiah Quinlan, Hastings-on-Hudson, N.Y. (Daniel Gartenstein of counsel), forpetitioner-respondent.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), LawGuardian.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the mother appeals from so much of an order of fact-findingand disposition of the Family Court, Richmond County (McElrath, J.), entered March 6, 2006, as,after fact-finding and dispositional hearings, found that she permanently neglected the subjectchild, terminated her parental rights, and transferred custody and guardianship of the child to theNew York Foundling Hospital for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.

The agency demonstrated by clear and convincing evidence that it exercised diligent effortsto encourage and strengthen the relationship between the mother and the child (see Matter ofJamie M., 63 NY2d 388, 390 [1984]). The agency scheduled numerous visits with the child,held semiannual service plan review meetings, referred the mother to drug treatment programs,and [*2]assisted her in finding suitable housing (see Matter ofStar Leslie W., 63 NY2d 136, 143 [1984]; Matter of Leah Tanisha A.-N., 48 AD3d801 [2008] [decided herewith]; Matter of Deajah Shabri T., 44 AD3d 1060 [2007];Matter of Olivia F., 34 AD3d 234 [2006]). However, the mother failed to plan for thefuture of the child because she failed to complete a drug rehabilitation program and did notobtain suitable housing (see Matter of Leah Tanisha A.-N., 48 AD3d 801 [2008] [decidedherewith]; Matter of Leon G., 7 AD3d 524 [2004]; Matter of Ronell Dashawn P.,296 AD2d 502 [2002]; Matter of Maldrina R., 219 AD2d 723 [1995]). Accordingly,the Family Court properly found that the mother permanently neglected the child.

Moreover, the Family Court properly determined that it was in the best interest of the child tobe placed for adoption (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984];Matter of "Baby Boy" E., 42 AD3d 536 [2007]). Skelos, J.P., Fisher, Dillon andMcCarthy, JJ., concur.


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