| Matter of Aisha C. |
| 2009 NY Slip Op 00101 [58 AD3d 471] |
| January 13, 2009 |
| Appellate Division, First Department |
| In the Matter of Aisha C., a Child Alleged to be PermanentlyNeglected. Eleanor C., Appellant; Leake & Watts Services, Inc.,Respondent. |
—[*1] Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), LawGuardian.
Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on orabout July 25, 2007, which, upon a finding of permanent neglect, terminated respondent'sparental rights to the subject child and committed custody of the child to petitioner agency andthe Commissioner of Administration for Children's Services for the purpose of adoption,unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence ofrespondent's failure to plan for the child's future, notwithstanding the petitioning agency'sdiligent efforts (Social Services Law § 384-b [7] [a]; see Matter of Sheila G., 61NY2d 368 [1984]). The agency referred respondent for alcohol abuse treatment, mental healthservices and parenting skills training, provided letters to assist her in having her name added tothe lease on the apartment she shared with her adult son, scheduled weekly visitation, changedthe visitation location to accommodate her, and met with her to review her service plan anddiscuss the importance of compliance (see Matter of Lady Justice I., 50 AD3d 425 [2008]; Matter of Gina Rachel L., 44 AD3d367 [2007]). Respondent failed to maintain contact with the child through consistent andregular visitation, which alone constitutes permanent neglect (see Matter of Kimberly Carolyn J., 37AD3d 174 [2007], lv dismissed 8 NY3d 968 [2007]; Matter of Lamikia ShawnS., 276 AD2d 279 [2000]). In addition, respondent failed to complete mental health andalcohol abuse programs, attend a parenting skills class, and secure adequate housing after herattempt to be added to her son's lease proved unsuccessful (see Lady Justice L.,supra; Matter of Racquel OliviaM., 37 AD3d 279 [2007], lv denied 8 NY3d 812 [2007]).
A preponderance of the evidence supported the finding that it was in the child's best intereststo terminate respondent's parental rights and transfer custody and guardianship of the child to theagency and free her for adoption by her foster mother, in whose home she had resided [*2]since 2003 and was doing well (see Matter of Star LeslieW., 63 NY2d 136, 147-148 [1984]; Matter of Travis Devon B., 295 AD2d 205,205-206 [2002]). Concur—Andrias, J.P., Nardelli, Moskowitz, Renwick and Freedman,JJ.