| Matter of Shaianna Mae F. (Tsipora S.) |
| 2010 NY Slip Op 00075 [69 AD3d 437] |
| January 7, 2010 |
| Appellate Division, First Department |
| In the Matter of Shaianna Mae F., a Child Alleged to bePermanently Neglected. Tsipora S., Appellant; The Salvation Army Social Services of GreaterNew York, Respondent. |
—[*1] Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), LawGuardian.
Order, Family Court, New York County (Sara Schechter, J., at fact-finding; Karen Lupuloff,J., at disposition), entered on or about November 26, 2008, which, upon a finding of permanentneglect, terminated respondent mother's parental rights to the subject child and committedcustody and guardianship of the child to petitioner agency and the Commissioner ofAdministration 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 (seeSocial Services Law § 384-b [7] [a]). The record demonstrates that the agency madediligent efforts to encourage and strengthen the parental relationship, including, inter alia, thearrangement of frequent visitation with the child, the referral for individual and group domesticviolence therapy sessions, consultation and cooperation with respondent in an attempt to developa plan for appropriate services for the child, and the provision of counseling services (see Matter of Imani Elizabeth W., 56AD3d 318 [2008]). Despite these diligent efforts, respondent failed to adequately addressthe problems that led to the removal of her daughter (see Matter of Wilfredo A.M., 56 AD3d 338 [2008]; Matter of Tashona Sharmaine A., 24AD3d 135 [2005], lv denied 6 NY3d 715 [2006]). Her sporadic and superficialattendance at therapy sessions aimed at addressing her problem with anger management and thedangers created by her relationship with the child's abusive father does not permit a finding thatshe planned for her child's return (see Matter of Nathaniel T., 67 NY2d 838, 841-842[1986]; Matter of Violeta P., 45AD3d 352 [2007]).
A preponderance of the evidence supports the determination that termination of parentalrights to facilitate the adoptive process is in the best interests of the child, who is in a stable[*2]and caring environment provided by a foster mother whowishes to adopt her (see Violeta P., 45 AD3d at 353). Concur—Mazzarelli, J.P.,Friedman, Nardelli, Renwick and RomÁn, JJ.