| Matter of Hadiyyah J.M. (Fatima D.R.) |
| 2012 NY Slip Op 00520 [91 AD3d 874] |
| Jnury 24, 2012 |
| Appellate Division, Second Department |
| In the Matter of Hadiyyah J.M. St. Vincent's Services, Inc.,Respondent; Fatima D.R., Appellant. (Proceeding No. 1.) In the Matter of Jonathan J.R. St.Vincent's Services, Inc., Respondent; Fatima D.R., Appellant. (Proceeding No. 2.) In the Matterof Tiffany M.R. St. Vincent's Services, Inc., Respondent; Fatima D.R., Appellant. (ProceedingNo. 3.) |
—[*1] Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern and Joanna M. Robertson ofcounsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler, Judith Waksberg, and Laura Dillon ofcounsel), 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-finding and disposition (one as to each child) of the Family Court, Kings County (Beckoff,J.), all entered November 23, 2010, which, after fact-finding and dispositional hearings, foundthat she permanently neglected the children, terminated her parental rights, and transferredcustody and guardianship of the children to the Commissioner of Social Services of the City ofNew York and the petitioner, St. Vincent's Services, Inc., for the purpose 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 found that she permanentlyneglected the subject children. The petitioner agency established by clear and convincingevidence that it made diligent efforts to encourage and strengthen the parental [*2]relationship by meeting with the mother to review her service planand discussing the importance of compliance, making efforts to enroll the mother in a daytreatment program to address her anger management and mental health issues, and schedulingvisitation between the mother and the subject children (see Matter of Star Leslie W., 63NY2d 136, 142 [1984]; Matter ofFernando Alexander B. [Simone Anita W.], 85 AD3d 658, 659 [2011]; Matter of John M. [Raymond K.], 82AD3d 1100 [2011]). Despite these efforts, the mother failed to plan for the future of thechildren (see Social Services Law § 384-b [7] [c]; Matter of Beyonce H. [Baranaca H.],85 AD3d 1168, 1169 [2011]). The mother's partial compliance with the service plan wasinsufficient to preclude a finding of permanent neglect (see Matter of "Female" C., 55 AD3d 603, 604 [2008]; Matter of Robert David L., 7 AD3d529, 530 [2004]; Matter of Shane Anthony P., 307 AD2d 297 [2003]).
Furthermore, the Family Court correctly determined that it would be in the children's bestinterests to terminate the mother's parental rights and free the children for adoption by theirrespective foster parents, with whom the three children had been living continuously since 2004(see Matter of Daevon Lamar P., 48AD3d 469, 470 [2008]; Matter ofTynell S., 43 AD3d 1171, 1173 [2007]). Rivera, J.P., Roman, Sgroi and Cohen, JJ.,concur.