| Matter of Christopher A.R. |
| 2008 NY Slip Op 10007 [57 AD3d 789] |
| December 16, 2008 |
| Appellate Division, Second Department |
| In the Matter of Christopher A.R. Rockland County Department ofSocial Services, Respondent; Maria R., Appellant. |
—[*1] Patricia Zugibe, County Attorney, New City, N.Y. (Barbara M. Wilmit of counsel), forrespondent. Jacqueline Sands, New City, N.Y., attorney for the child.
In a proceeding, inter alia, pursuant to Social Services Law § 384-b to terminate parentalrights on the ground of permanent neglect, the mother appeals from an order of disposition of theFamily Court, Rockland County (Warren, J.), entered August 3, 2007, which, upon a fact-findingorder of the same court dated June 15, 2007, made after a hearing, finding that she had permanentlyneglected the subject child, and, after a dispositional hearing, terminated her parental rights andtransferred custody and guardianship of the child to the Rockland County Department of SocialServices for the purpose of adoption. The appeal brings up for review the fact-finding order dated June15, 2007.
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the mother's contention, the evidence presented at the fact-finding hearing established,by the requisite clear and convincing standard of proof, that she permanently neglected her child bycontinuing to abuse illegal drugs for two years following his removal from her custody and by failing toplan for his future (see Social Services Law § 384-b; Matter of Sarah Jean R.,290 AD2d 511, 512 [2002]). Notwithstanding the diligent efforts of the Rockland CountyDepartment of Social Services to help reunite the family, the mother refused to cooperate withrehabilitation programs, [*2]repeatedly declined to submit to drugtesting, and tested positive for illegal drugs on three occasions. By her actions, the mother failed to planfor her child's return (see Matter of Laura F.,48 AD3d 812 [2008]). Skelos, J.P., Santucci, Dillon and Covello, JJ., concur.