| Matter of Darrnell G. (Robin Denise H.) |
| 2011 NY Slip Op 07216 [88 AD3d 789] |
| October 11, 2011 |
| Appellate Division, Second Department |
| In the Matter of Darrnell G., Also Known as Darnell G., an Infant.SCO Family of Services, Respondent; Robin Denise H., Also Known as Robin H., Appellant.(Proceeding No. 1.) In the Matter of Davin G., Also Known as Darnell H., an Infant. SCO Familyof Services, Respondent; Robin Denise H., Also Known as Robin H., Appellant. (Proceeding No.2.) In the Matter of Anthony Dontyrell G., Also Known as Anthony G., an Infant. SCO Family ofServices, Respondent; Robin Denise H., Also Known as Robin H., Appellant. (Proceeding No.3.) |
—[*1] Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Waksberg of counsel; LauraDillon on the brief), attorney for the children.
In three related proceedings to terminate parental rights pursuant to Social Services Law§ 384-b on the ground of permanent neglect, the mother appeals from three orders offact-[*2]finding and disposition (one for each child) of the FamilyCourt, Kings County (Grosvenor, J.), all dated June 30, 2010, which, after fact-finding anddispositional hearings, found that she had permanently neglected the children, terminated herparental rights, and transferred custody and guardianship of the children to the Commissioner ofSocial Services of the City of New York and the petitioner, SCO Family of Services, for thepurpose of adoption.
Ordered that the orders of fact-finding and disposition are affirmed, without costs ordisbursements.
Contrary to the mother's contention, the Family Court properly determined that the petitionerestablished, by clear and convincing evidence, that it exercised diligent efforts to encourage andstrengthen the parental relationship by, among other things, facilitating regular visitation with thechildren and repeatedly referring the mother to drug treatment programs (see SocialServices Law § 384-b [7] [a], [f]; Matter of Star Leslie W., 63 NY2d 136, 142[1984]; Matter of Zechariah J. [Valrick J.], 84 AD3d 1087 [2011]; Matter of John M. [Raymond K.], 82AD3d 1100 [2011]; Matter ofElijah P. [C.I.P.], 76 AD3d 631, 632 [2010]). Despite those efforts, the mother failed toplan for the future of the children by failing to complete a drug treatment program (seeSocial Services Law § 384-b [7] [a], [c]; Matter of John M. [Raymond K.], 82AD3d at 1100-1101; Matter of MalenSansa V. [Nancy J.], 70 AD3d 707, 708 [2010]; Matter of Jada Ta-Toneyia L., 66 AD3d 901, 902 [2009]; Matter of Noelia T., 61 AD3d 983,984 [2009]). Accordingly, the Family Court properly found that the mother permanentlyneglected the children.
Furthermore, the Family Court properly determined that it was in the best interests of thechildren to terminate the mother's parental rights, thus freeing the children for adoption by theirfoster parents (see Matter of Star Leslie W., 63 NY2d at 147-148; Matter ofZechariah J. [Valrick J.], 84 AD3d at 1088-1089; Matter of Amber D.C. [Angelica C.], 79 AD3d 865, 866 [2010];Matter of Jada Ta-Toneyia L., 66 AD3d at 902). Dillon, J.P., Belen, Roman and Miller,JJ., concur.