| Matter of Fernando Alexander B. (Simone Anita W.) |
| 2011 NY Slip Op 05558 [85 AD3d 658] |
| June 28, 2011 |
| Appellate Division, First Department |
| In the Matter of Fernando Alexander B., a Child Alleged to bePermanently Neglected. Simone Anita W., Appellant; Leake & Watts Services Inc., Respondent,et al., Respondent. |
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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or aboutJune 2, 2009, which, inter alia, upon a finding of permanent neglect, terminated respondentmother's parental rights to the subject child and committed custody and guardianship of the childto petitioner agency and the Commissioner of Social Services for the purpose of adoption,unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence ofrespondent's failure to plan for the child's future, notwithstanding the agency's diligent efforts(Social Services Law § 384-b [7] [a]). The record shows that the agency met withrespondent to review her service plan and discuss the importance of compliance (see Matter of Lady Justice I., 50 AD3d425 [2008]). The agency also referred respondent to parenting skills training, mental healththerapy, housing assistance agencies, and scheduled regular visits with the child thataccommodated her schedule. Despite these diligent efforts, respondent failed to attend therapy,obtain suitable housing or visit with the child on a consistent basis (see Matter of Kevin J., 55 AD3d468 [2008], lv denied 11 NY3d 715 [2009]; Matter of William P., 23 AD3d 237 [2005]).
A preponderance of the evidence demonstrated that the termination of respondent's parentalrights was in the best interests of the child, who has been living with his foster family for most ofhis life (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). A suspended [*2]judgment was not appropriate under the circumstances, given thatthe child was thriving in a loving foster home, where his special needs were being met (see Matter of Omar Saheem Ali J.[Matthew J.], 80 AD3d 463 [2011]). Concur—Andrias, J.P., Friedman, Renwick,DeGrasse and Abdus-Salaam, JJ.