| Matter of Noelia T. |
| 2009 NY Slip Op 03527 [61 AD3d 983] |
| April 28, 2009 |
| Appellate Division, Second Department |
| In the Matter of Noelia T., a Child Alleged to be PermanentlyNeglected. SCO Family of Services et al., Respondents; Felicia T., Appellant. (Proceeding No.1.) In the Matter of Keyson Bernardo T., Also Known as Keyson T., a Child Alleged to bePermanently Neglected. SCO Family of Services et al., Respondents; Felicia T., Appellant.(Proceeding No. 2.) |
—[*1] Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCOFamily of Services. Steven Banks, New York, N.Y. (Judith Waksberg and Proskauer Rose, LLP, New York,N.Y. [Rebecca L. Ambrose and Allison E. Meyer], of counsel), attorney for thechildren.
In two related proceedings pursuant to Social Services Law § 384-b to terminateparental rights on the ground of permanent neglect, the mother appeals from two orders offact-finding and disposition of the Family Court, Kings County (Ruiz, J.) (one as to each child),both dated January 10, 2008, which, after fact-finding and dispositional hearings, found that shepermanently neglected the subject children, terminated her parental rights, and committed thechildren to the custody and guardianship of the petitioners SCO Family of Services and theCommissioner of Social Services of the City of New York for the purpose of adoption.[*2]
Ordered that the orders of fact-finding and disposition areaffirmed, without costs or disbursements.
Contrary to the mother's contentions, the agency demonstrated by clear and convincingevidence that it exercised diligent efforts to encourage and strengthen the relationship betweenthe mother and the children (see Matter of Jamie M., 63 NY2d 388, 390 [1984]). Theagency encouraged liberal visits with the children and referred the mother to drug treatmentprograms (see Matter of Leah TanishaA.-N., 48 AD3d 801 [2008]; Matter of Deajah Shabri T., 44 AD3d 1060 [2007]; Matter of Olivia F., 34 AD3d 234[2006]). However, the mother failed to plan for the future of the children because she continuedto abuse illegal drugs and failed to complete a drug rehabilitation program (see Matter of Leah Tanisha A.-N., 48AD3d 801 [2008]; Matter of LeonG., 7 AD3d 524 [2004]; Matter of Rasheem Dayquan P., 296 AD2d 502 [2002];Matter of Maldrina R., 219 AD2d 723 [1995]). Accordingly, the Family Court properlyfound that the mother permanently neglected the children.
Moreover, the Family Court properly determined that it was in the best interests of thechildren to be placed for adoption (see Matter of Star Leslie W., 63 NY2d 136, 147-148[1984]; Matter of "Baby Boy" E.,42 AD3d 536 [2007]). Prudenti, P.J., Santucci, Florio and Belen, JJ., concur.