| Matter of Kathleen Shaquana G. (Stephen |
| 2011 NY Slip Op 02138 [82 AD3d 610] |
| March 24, 2011 |
| Appellate Division, First Department |
| In the Matter of Kathleen Shaquana G., a Child Alleged to bePermanently Neglected. Stephen G., Appellant, et al., Respondent; McMahon Services forChildren, Respondent. |
—[*1] Joseph T. Gatti, New York, for respondent. Lawyers for Children, Inc., New York (Betsy Kramer of counsel), attorney for thechild.
Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on orabout June 1, 2009, which, insofar as appealed from as limited by the briefs, upon a finding ofpermanent neglect, terminated respondent father's parental rights to the subject child andcommitted custody and guardianship of the child to petitioner agency and the Commissioner ofSocial Services for purposes of adoption, unanimously modified, on the law and the facts, thedisposition as to the child vacated only with respect to her foster care placement, the matterremanded for a determination as to whether placement with the father's cousin would be in thebest interests of the child, and otherwise affirmed, without costs.
The father does not dispute the court's findings of permanent neglect or the termination of hisparental rights. However, he does challenge the determination that it was in the best interests ofthe child to place her with the foster mother rather than his cousin, whom he proposed as aresource for the child. The record demonstrates that although, at the time the dispositional orderwas entered, freeing the child to be adopted by her foster mother rather than the cousin was in thechild's best interests, changed circumstances since the order was issued warrant remanding thematter to the extent indicated (seeMatter of Mentora Monique B., 44 AD3d 445, 446-447 [2007]). According to theagency, the child has been hospitalized for hallucinations and exhibited violent tendencies andthe foster mother no longer wishes to adopt the child because she believes she is unable toprovide the child with the support needed for her mental and emotional issues.Concur—Mazzarelli, J.P., Saxe, Friedman, Acosta and Freedman, JJ.