| Matter of Nicholas S. (Rhonda S.) |
| 2010 NY Slip Op 08118 [78 AD3d 841] |
| November 9, 2010 |
| Appellate Division, Second Department |
| In the Matter of Nicholas S. Westchester County Department of SocialServices, Respondent; Rhonda S., Appellant. |
—[*1] Robert F. Meehan, County Attorney, White Plains, N.Y. (Justin R. Adin of counsel), forrespondent. William E. Penny, Scarsdale, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on theground of permanent neglect, the mother appeals from an order of disposition of the Family Court,Westchester County (Duffy, J.), dated June 26, 2009, which, after a hearing, and upon granting thepetition of the Westchester County Department of Social Services for a determination that she violatedthe terms of a suspended judgment of the same court dated March 24, 2008, terminated her parentalrights and transferred the custody and guardianship of the subject child to the petitioner, WestchesterCounty Department of Social Services, for the purpose of adoption.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Westchester County Department of Social Services (hereinafter the County) filed a petitionagainst the mother, alleging that she had permanently neglected the subject child. In an order ofdisposition dated March 24, 2008, the Family Court suspended judgment upon the mother's consent toa finding of permanent neglect, and imposed conditions that the mother complete a parenting skillsprogram, that she undergo psychiatric evaluations, and that she have weekly supervised visitations withthe subject child. On July 10, 2008, the County filed a petition alleging that the mother had failed tocomply with the terms of the suspended judgment. At the ensuing hearing, evidence was adduced thatthe mother failed to complete a parenting skills program, that she attended only two out of sixpsychiatric counseling appointments, and that she missed at least three of her scheduled visitations withher son.
In a subsequent order of disposition dated June 26, 2009, the Family Court, upon finding that themother violated the terms of the order of disposition of March 24, 2008, that the child was apermanently neglected child, and that the best interests of the child required that the [*2]mother's parental rights be terminated and the child be freed for adoption,terminated the mother's parental rights, freed the child for adoption, and transferred custody of the childto the Westchester County Department of Social Services for the purpose of adoption. The motherappeals.
"The Family Court may revoke a suspended judgment after a violation hearing if it finds, upon apreponderance of the evidence, that the parent failed to comply with one or more of its conditions" (Matter of Ricky Joseph V., 24 AD3d683, 684 [2005]; see Matter of AaronS., 15 AD3d 585, 586 [2005]; Matter of Gerald M., 112 AD2d 6 [1985]). Here,the Family Court properly found, by a preponderance of the evidence, that the mother had failed tocomply with three of the conditions of the suspended judgment, and it thus properly granted the petitionto revoke the suspended judgment and terminate the mother's parental rights.
At a dispositional hearing after a finding of permanent neglect, the Family Court must make itsdetermination based upon the best interests of the child (see Family Ct Act § 631; Matter of Ashey Lorraine R., 22 AD3d671, 672 [2005]; Matter of Crystal C., 219 AD2d 601, 602 [1995]). Here, we find nobasis in the record to disturb the Family Court's determination that it was in the best interests of thechild to terminate the mother's parental rights and free the child for adoption.
The mother's remaining contentions are without merit. Skelos, J.P., Fisher, Santucci and Leventhal,JJ., concur.