| Matter of Laura F. |
| 2008 NY Slip Op 01758 [48 AD3d 812] |
| February 26, 2008 |
| Appellate Division, Second Department |
| In the Matter of Laura F. Nassau County Department of SocialServices, Respondent; Doreen F., Appellant. (Proceeding No. 1.) In the Matter of Skylar F.Nassau County Department of Social Services, Respondent; Doreen F., Appellant. (ProceedingNo. 2.) |
—[*1] Lorna B. Goodman, County Attorney, Mineola, N.Y. (Gerald R. Podlesak of counsel), forrespondent. Terry Ann Johnson, Garden City Park, N.Y., Law Guardian.
In related proceedings pursuant to Social Services Law § 384-b to terminate themother's parental rights on the ground of permanent neglect, the mother appeals, as limited byher brief, from so much of an order of fact-finding and disposition (one paper) of the FamilyCourt, Nassau County (Foskey, J.), dated September 25, 2006, as, after a fact-finding hearing,found that she had permanently neglected the subject children, terminated her parental rights, andtransferred custody and guardianship of the children to Jenny M. and Michael M. for the purposeof adoption.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.[*2]
Contrary to the mother's contentions, the evidenceadduced at the fact-finding hearing established, by the requisite clear and convincing standard ofproof, that she permanently neglected her children by continuing to abuse illegal drugs for twoyears following their removal from her custody, by failing to consistently visit with them, and byfailing to plan for their future (see Social Services Law § 384-b; Matter of StarLeslie W., 63 NY2d 136, 143 [1984]; Matter of Baby Girl C., 1 AD3d 593, 594[2003]). Notwithstanding the persistent efforts of the Nassau County Department of SocialServices to help reunite the family, the mother refused to cooperate with rehabilitation programs,repeatedly declined to submit to drug testing, and tested positive for illegal drugs on oneoccasion. By her actions, the mother failed to plan for her children's return (see Matter ofJolie S., 298 AD2d 194, 195 [2002]; Matter of Sarah Jean R., 290 AD2d 511, 512[2002]; Matter of Matthew C., 227 AD2d 679, 681-682 [1996]).
The mother's argument that she was deprived of the effective assistance of counsel is withoutmerit (see Matter of Crystal L., 36 AD3d 812 [2007]; Matter of Shaheen P.J., 29AD3d 996, 998 [2006]). Prudenti, P.J., Lifson, Covello and Balkin, JJ., concur.