| Matter of "Female" C. |
| 2008 NY Slip Op 07659 [55 AD3d 603] |
| October 7, 2008 |
| Appellate Division, Second Department |
| In the Matter of"Female" C., Also Known as Miranda C. Administrationfor Children's Services et al., Respondents; Lisa C., Appellant, et al., Respondent. (Proceeding No. 1.)In the Matter of Alexis Linette R. Administration for Children's Services et al., Respondents; Lisa C.,Appellant, et al., Respondent. (Proceeding No. 2.) |
—[*1] Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern and Joanna M. Roberson ofcounsel), for petitioner-respondent Abbott House. Steven Banks, New York, N.Y. (Tamara A. Steckler and Amy Hausknecht of counsel), attorneyfor the children.
In two related proceedings pursuant to Social Services Law § 384-b to terminate parentalrights on the ground of permanent neglect, the mother appeals from two orders of the Family Court,Kings County (Pearl, J.), both dated March 1, 2007 (one as to each child), which, after fact-findingand dispositional hearings, found that she had permanently neglected the subject children, terminated[*2]her parental rights, and transferred guardianship and custody of thesubject children jointly to Abbott House and the Commissioner of Social Services of the City of NewYork for the purpose of adoption.
Ordered that orders are modified, on the law and the facts, by deleting the provisions thereofterminating the mother's parental rights to the subject children and transferring guardianship and custodyof the subject children jointly to Abbott House and the Commissioner of Social Services of the City ofNew York for the purpose of adoption; as so modified, the orders are affirmed, the findings ofpermanent neglect remain in effect as to the subject children, and the matter is remitted to the FamilyCourt, Kings County, for a new dispositional hearing in accordance herewith and a new dispositionthereafter.
The agency demonstrated by clear and convincing evidence that it fulfilled its statutory duty toexercise diligent efforts to encourage and strengthen the parent-child relationship (see Matter of Leah Tanisha A.-N., 48AD3d 801 [2008]; Matter of Angel A.,48 AD3d 800 [2008]; Social Services Law § 384-b [7] [a]). The agency created aservice plan for the mother that included individual therapy, a parenting skills class, and referrals toobtain housing and employment. The mother failed to plan for the children's future because she failed toobtain housing and employment pursuant to the service plan. She also failed to complete the entireparenting skills class, although she did complete the first stage. While there was evidence that themother took some steps to comply with the service plan, her partial compliance was insufficient topreclude a finding of permanent neglect (seeMatter of Robert David L., 7 AD3d 529 [2004]; Matter of Shane Anthony P., 307AD2d 297 [2003]). Accordingly, the Family Court properly found that the mother permanentlyneglected the children.
However, based on new facts and allegations, which this Court may properly consider, it is notclear that the termination of the mother's parental rights is in the children's best interests (see Matter of Marc David D., 20 AD3d565 [2005]). Accordingly, we remit the matter to the Family Court, Kings County, for a newdispositional hearing to determine the children's best interests and a new disposition thereafter (see Matter of Marc David D., 20 AD3d565 [2005]; Matter of Antonette AlashaE., 8 AD3d 375 [2004]).
The mother's remaining contention is unpreserved for appellate review and, in any event, is withoutmerit. Rivera, J.P., Miller, Angiolillo and Chambers, JJ., concur.