| Matter of Walter D.H. (Zaire L.) |
| 2012 NY Slip Op 00783 [91 AD3d 950] |
| Jnury 31, 2012 |
| Appellate Division, Second Department |
| In the Matter of Walter D.H. New York Foundling Hospital,Respondent; Zaire L., Appellant, et al., Respondent. |
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Quinlan and Fields, Hawthorne, N.Y. (Daniel Gartenstein of counsel), forpetitioner-respondent. Lewis S. Calderon, Jamaica, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate the parentalrights of the mother and the father on the ground of permanent neglect, the mother appeals, aslimited by her brief, from so much of an order of fact-finding and disposition of the FamilyCourt, Queens County (Salinitro, J.), dated November 15, 2010, as, after fact-finding anddispositional hearings, determined that she permanently neglected the subject child, terminatedher parental rights, and transferred the custody and guardianship of the child to theCommissioner of Social Services of the City of New York and the New York Foundling Hospitalfor the purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.
To establish permanent neglect, there must be clear and convincing proof that, for a period ofone year following the child's placement with an authorized agency, the parent failed tosubstantially and continuously maintain contact with the child or, alternatively, failed to plan forthe future of the child, although physically and financially able to do so, notwithstanding theagency's diligent efforts to encourage and strengthen the parental relationship (see SocialServices Law § 384-b [7] [a]; Family Ct Act § 622; Matter of Star Leslie W.,63 NY2d 136 [1984]). Before a finding of permanent neglect can be made, the agency mustdemonstrate that it made diligent efforts to encourage and strengthen the parental relationship(see Social Services Law § 384-b [7] [f]; Matter of Jamie M., 63 NY2d388, 390 [1984]; Matter of Sorin P.,58 AD3d 743 [2009]).
Here, the agency established by clear and convincing evidence that it made diligent efforts tostrengthen the parent-child relationship, and that despite its efforts, the mother failed tomeaningfully plan for the future of the subject child (see Matter of Nathaniel T., 67NY2d 838, 842 [1986]; Matter ofLeavon Marvin B., 60 AD3d 941 [2009]; Matter of Laura F., 48 AD3d 812 [2008]; Matter of Sarah JeanR., 290 AD2d 511 [2002]). According deference to the Family Court's findings as to thecredibility, [*2]character, and temperament of the mother andother witnesses, we find that the evidence adduced at the fact-finding hearing supports theFamily Court's finding of permanent neglect (see Matter of Marie J., 307 AD2d 265[2003]).
At a dispositional hearing after a finding of permanent neglect, the Family Court must makeits determination based on the best interests of the child (see Family Ct Act § 631).The mother contends that the Family Court should have suspended judgment for one yearpursuant to Family Court Act § 633 to prepare her to be reunited with the child (seeMatter of Michael B., 80 NY2d 299, 311 [1992]). Here, however, despite the mother's recentefforts to avail herself of the services offered to her, the child has bonded with the foster mother,who has consistently provided for him for most of his life, and it would not be in the child's bestinterests to prolong foster care (seeMatter of Angelica W. [Dorothy W.], 80 AD3d 772 [2011]; Matter of Olivia Susan C., 2 AD3d441 [2003]). Thus, the Family Court properly concluded that it was in the child's bestinterests to terminate the mother's parental rights and free him for adoption by his foster parent(see Matter of Jonathan B. [LindaS.], 84 AD3d 1078 [2011]).
The mother's contention that this proceeding should not have been commenced prior to theresolution of a related Family Court Act article 10 child protective proceeding is without merit(see Matter of Raymond W., 263 AD2d 366 [1999]; Matter of Mickey B., 65AD2d 603 [1978]). Angiolillo, J.P., Dickerson, Austin and Cohen, JJ., concur.