| Matter of Egypt K. |
| 2009 NY Slip Op 01221 [59 AD3d 623] |
| February 17, 2009 |
| Appellate Division, Second Department |
| In the Matter of Egypt K., an Infant. Suffolk County Department ofSocial Services, Respondent; Valerie K., Appellant. (Proceeding No. 1.) In the Matter of SirMichael K., an Infant. Suffolk County Department of Social Services, Respondent; Valerie K.,Appellant. (Proceeding No. 2.) |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (Gary Rosenthal of counsel), forrespondent. Danielle I. Schwager, P.C., Central Islip, N.Y., attorney for the children.
In two related proceedings pursuant to Social Services Law § 384-b to terminateparental rights on the ground of permanent neglect, the mother appeals from an order ofdisposition of the Family Court, Suffolk County (Freundlich, J.), dated December 5, 2007,which, upon a fact-finding order also dated December 5, 2007, and after a fact-finding anddispositional hearing, adjudicated that she had permanently neglected the subject children,terminated her parental rights, and transferred custody and guardianship of the subject childrento the petitioner for the purpose of adoption. The appeal brings up for review the fact-findingorder also dated December 5, 2007.
Ordered that the order of disposition is affirmed, without costs or disbursements.[*2]
These proceedings were commenced by petitions filedNovember 1, 2006, and October 1, 2007, which alleged, respectively, that the mother neglectedher then three-year-old daughter, Egypt, and infant son, Sir Michael. Prior to the commencementof these proceedings, the mother was adjudicated to have neglected her daughter afterdischarging herself from the Phoenix House Mother and Child Program in 2004 withoutcompleting the program, and her daughter was placed in foster care.
While the mother subsequently completed the Phoenix House program in 2005, she failed toattend a second program, as directed by the court, and relapsed into drug use. She wasincarcerated the following year for selling drugs shortly after giving birth to Sir Michael, whomshe left in the hospital in a highly-compromised physical condition resulting from her drug useduring pregnancy.
The infant son was discharged into foster care when he was released from the hospital. Atthe time of the fact-finding and dispositional hearings on November 28, 2007, the attorney forthe children reported that the children were well and thriving in the same foster home, which thecaseworker confirmed.
Under the circumstances of this case, the petitioner made diligent efforts to encourage andstrengthen the mother's parental relationship with her children (see Matter of Jamaorqui R.B., 56AD3d 465, 466 [2008]; Matter ofJeremy D.R., 40 AD3d 764, 765 [2007]; Matter of Jonathan R., 30 AD3d 426, 427 [2006]). Despite suchefforts, and notwithstanding the mother's recent attempts to address her drug abuse and lack ofparenting skills, the Family Court properly found that the mother failed to plan for the children'sfutures (see Matter of Jamaorqui R.B., 56 AD3d at 466; Matter of Laura F., 48 AD3d 812[2008]; Matter of Jonathan R., 30 AD3d at 427). The best interests of the children wereserved by terminating the mother's parental rights and freeing the children for adoption (seeMatter of Jamaorqui R.B., 56 AD3d at 466; Matter of Jeremy D.R., 40 AD3d at 765;Matter of Jeremiah Kwimea T., 10AD3d 691 [2004]).
The mother's remaining contentions are without merit. Mastro, J.P., Florio, Covello andBelen, JJ., concur.