| Matter of Kevin J. |
| 2008 NY Slip Op 08188 [55 AD3d 468] |
| October 28, 2008 |
| Appellate Division, First Department |
| In the Matter of Kevin J. and Others, Children Alleged to bePermanently Neglected. Tanisha J., Appellant; Family Support Systems Unlimited, Inc.,Respondent. |
—[*1] John R. Eyerman, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (John Newbery of counsel), LawGuardian.
Orders of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on orabout June 15, 2007, which, to the extent appealed from, upon findings of permanent neglect,terminated respondent mother's parental rights to the subject children and committed custody andguardianship of the children to petitioner agency and the Commissioner of Social Services for thepurpose of adoption, unanimously affirmed, without costs.
Respondent's contention that the petitions were pleaded with insufficient particularity tosatisfy the requirements of Family Court Act § 614 (1) (c) is unpreserved as it is raised forthe first time on appeal (see Matter of Gina Rachel L., 44 AD3d 367 [2007]). Were we toreview this argument, we would find that the petitions set forth in sufficient detail the diligentefforts made by the agency to encourage and strengthen the parental relationship.
Clear and convincing evidence supports the findings of permanent neglect (Social ServicesLaw § 384-b [7] [a]). Despite the diligent efforts by the agency, which included providingrespondent with referrals to drug abuse treatment centers, assisting her to obtain housing,monitoring her drug abuse problems, and scheduling regular visitation, respondent failed, duringthe statutorily relevant time period, to satisfactorily complete the requisite programs and remaindrug free (see Matter of Tiffany R., 7 AD3d 297 [2004]). While respondent apparentlydid complete one treatment program, a continuing series of relapses began immediatelythereafter, demonstrating that the primary problem that led to the children's placement has notbeen ameliorated (see Matter of Jah'lil Dale Emanuel McC., 44 AD3d 547 [2007]).Furthermore, the record demonstrates that respondent's visitation with the children was sporadicat best (see Matter of Angel P., 44 AD3d 448 [2007]). Concur—Tom, J.P., Saxe,Williams, Catterson and Moskowitz, JJ.