| Matter of Anthony R. (Juliann A.) |
| 2011 NY Slip Op 09652 [90 AD3d 1055] |
| December 27, 2011 |
| Appellate Division, Second Department |
| In the Matter of Anthony R. St. Vincent's Services, Inc.,Respondent; Juliann A., Appellant. (Proceeding No. 1.) In the Matter of Patrick R. St. Vincent'sServices, Inc., Respondent; Juliann A., Appellant. (Proceeding No. 2.) In the Matter of Dante R.St. Vincent's Services, Inc., Respondent; Juliann A., Appellant. (Proceeding No.3.) |
—[*1] Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Stern of counsel), attorneyfor the children.
In three related proceedings pursuant to Social Services Law § 384-b and Family CourtAct article 6 to terminate parental rights on the ground of permanent neglect, the mother appealsfrom two orders of disposition of the Family Court, Queens County (Tally, J.) (one each as toPatrick R. and Dante R.), both dated December 8, 2010, and an order of disposition of the samecourt dated December 10, 2010 (as to Anthony R.), which, upon an order of fact-finding of thesame court dated August 4, 2008, made after a hearing, finding that she permanently neglectedthe subject children, terminated her parental rights, and transferred custody and guardianship ofthe subject children to St. Vincent's Services, Inc., and the Commissioner of Social Services ofthe City of New York for the purpose of adoption. The appeals bring up for review thefact-finding order.
Ordered that the orders of disposition are affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly found that she [*2]permanently neglected the subject children. The petitionerestablished by clear and convincing evidence that it made diligent efforts to assist the mother inmaintaining contact with the children and planning for the children's future (see Matter ofStar Leslie W., 63 NY2d 136, 142 [1984]; Matter of Sheila G., 61 NY2d 368, 373[1984]; Matter of Teshana Tracey T.[Janet T.], 71 AD3d 1032 [2010]). These efforts included facilitating visitation,repeatedly providing the mother with referrals for services and counseling, repeatedly advisingthe mother that she must enroll in and attend group services, and advising the mother that sheneeded to secure adequate housing for herself and the children (see Matter of Teshana Tracey T. [JanetT.], 71 AD3d 1032 [2010]; Matter of Jada Ta-Toneyia L., 66 AD3d 901, 902 [2009]; Matter of Aliyanna M., 58 AD3d853, 854 [2009]). Despite these efforts, the mother failed to plan for the children's future (see Matter of Teshana Tracey T. [JanetT.], 71 AD3d 1032 [2010]; Matter of Sorin P., 58 AD3d 743, 744 [2009]; Matter of Amy B., 37 AD3d 600,601 [2007]).
Furthermore, the Family Court properly determined that it was in the best interests of thechildren to terminate the mother's parental rights (see Matter of Zechariah J. [Valrick J.],84 AD3d 1087 [2011]; Matter ofTeshana Tracey T. [Janet T.], 71 AD3d 1032 [2010]; Matter of "Baby Boy" E., 42 AD3d536, 536-537 [2007]; Matter of Desire Star H., 202 AD2d 582, 584 [1994]).Termination of parental rights will free the children for adoption, providing them with theopportunity to have a permanent family (see Matter of Michael B., 80 NY2d 299 [1992];Matter of Zechariah J. [Valrick J.], 84 AD3d 1087 [2011]). A suspended judgment wasnot appropriate in light of the mother's lack of insight into her problems, and her failure toacknowledge and address many of the issues which led to the children's removal in the firstinstance (see Matter of Zechariah J. [Valrick J.], 84 AD3d 1087 [2011]; Matter of Amber D.C. [Angelica C.],79 AD3d 865 [2010]; Matter ofAmy B., 37 AD3d 600 [2007]). Dillon, J.P., Balkin, Leventhal and Chambers, JJ.,concur.