| Matter of Dustin H. (Patricia B.) |
| 2009 NY Slip Op 09659 [68 AD3d 1112] |
| December 22, 2009 |
| Appellate Division, Second Department |
| In the Matter of Dustin H. Seaman's Society for Children andFamilies, Respondent; Patricia B., Appellant, et al., Respondent. (Appeal No. 1.) In the Matter ofReanne B. Seaman's Society for Children and Families, Respondent; Patricia B., Appellant, etal., Respondent. (Appeal No. 2.) |
—[*1] John R. Eyerman, New York, N.Y., for petitioner-respondent. Steven Banks, New York, N.Y. (Tamara Steckler, Marcia Egger, and Joann Le Bright ofcounsel), for respondent.
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 (one as to each child) of the Family Court, Queens County(Richroath, J.), both dated October 21, 2008, which, after fact-finding and dispositional hearings,found that she permanently neglected the subject children, terminated her parental rights, andtransferred custody and guardianship of the children to the petitioner and the Commissioner ofthe Administration for Children's Services of the City of New York for the purpose of adoption.
Ordered that the orders of fact-finding and disposition are affirmed, without costs ordisbursements.
To terminate parental rights based upon permanent neglect, the petitioning agency mustestablish, by clear and convincing evidence, that the parent failed, for a period of more than oneyear following the date the child came into care, "substantially and continuously or repeatedly tomaintain contact with or plan for the future of the child, although physically and financially ableto do so, notwithstanding . . . diligent efforts to encourage and strengthen theparental relationship" (Social Services Law § 384-[*2]b [7][a]; see Matter of Star Leslie W., 63 NY2d 136, 142-143 [1984]; Matter ofLauramarie Addie W., 18 AD3d 473, 473-474 [2005]). Here, the petitioner met its burden byestablishing that, during the relevant time period, the mother failed to complete an alcoholtreatment program, failed to complete a counseling program, and failed to take the steps neededto obtain public assistance, despite the petitioner's diligent efforts to strengthen and encouragethe parent-child relationship (see Matter of Star Leslie W., 63 NY2d at 143-144;Matter of Ebony Starr B., 14 AD3d 507, 508 [2005]). Furthermore, the Family Courtproperly determined that termination of parental rights was in the children's best interest.
The mother's remaining contention is without merit. Dillon, J.P., Florio, Balkin andLeventhal, JJ., concur.