| Matter of Todd Andre'D. (Kenyetta L.) |
| 2011 NY Slip Op 07420 [88 AD3d 876] |
| October 18, 2011 |
| Appellate Division, Second Department |
| In the Matter of Todd Andre'D., Jr., an Infant. Children's Village,Respondent. Kenyetta L., Appellant, et al., Respondent. |
—[*1] Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), forpetitioner-respondent. Steven Banks, New York, N.Y. (Tamara Steckler and Elana Ella Roffman of counsel),attorney for the child.
In a proceeding, inter alia, pursuant to Social Services Law § 384-b to terminate themother's parental rights on the ground of permanent neglect, the mother appeals, as limited byher brief, from so much of an order of fact-finding and disposition of the Family Court, KingsCounty (Grosvenor, J.), dated June 30, 2010, as, after fact-finding and dispositional hearings,found that she permanently neglected the subject child, terminated her parental rights, andtransferred custody and guardianship of the child to the Commissioner of Social Services of theCity of New York and Children's Village for the purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.
The Family Court properly determined that there was clear and convincing evidence that themother permanently neglected the subject child by failing, for a year following the child'sentrance into foster care, to plan for his return (see Matter of Kendra D. [Amanda D.], 81 AD3d 644 [2011];Matter of Wesley F., 190 AD2d 576 [1993]; Matter of Gregory Michael M., 167AD2d 469, 470-471 [1990]; Matter of June Y., 128 AD2d 538 [1987]). The recordestablishes that the petitioner made diligent efforts to help the mother comply with her serviceplan, which required the mother, inter alia, to complete a parenting skills class for special needschildren, to complete individual and family therapy, and to maintain regular visits with the child.Moreover, the Family Court properly determined that termination of the mother's parental rightswas in the child's best interest (see Matter of Kendra D. [Amanda D.], 81 AD3dat 644; Matter of Shawna DD., 289 AD2d 892, 894 [2001]; Matter of KennethA., 206 AD2d 602, 604 [1994]). Rivera, J.P., Florio, Austin and Sgroi, JJ., concur.