Matter of Shaolin E.P. (Jettris P.)

2012 NY Slip Op 00789 [91 AD3d 954]

Jnury 31, 2012

Appellate Division, Second Department

As corrected through Wednesday, February 29, 2012

In the Matter of Shaolin E.P. Dutchess County Department ofSocial Services, Respondent; Jettris P., Appellant.

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Michael G. Paul, New City, N.Y., for appellant.

Ronna L. DeLoe, New Rochelle, N.Y., attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate the mother'sparental rights on the ground of permanent neglect, the mother appeals from an order offact-finding and disposition of the Family Court, Dutchess County (Forman, J.), dated August 17,2010, which, after fact-finding and dispositional hearings, found that she permanently neglectedthe subject child, terminated her parental rights, and transferred custody and guardianship of thechild to the Dutchess County Department of Social Services for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.

The Family Court properly determined that there was clear and convincing evidence that themother permanently neglected the subject child by failing, for more than one year after the child'splacement with the Department of Social Services, to plan for the future of the child (seeSocial Services Law § 384-b [7] [c]; Matter of Star Leslie W., 63 NY2d 136,142-143 [1984]; Matter of Darrnell G.[Robin Denise H.], 88 AD3d 789 [2011]; Matter of Peter C., Jr. [Peter C.], 88 AD3d 702 [2011]; Matter of Jonathan B. [Linda S.], 84AD3d 1078, 1079 [2011]). The Family Court properly concluded that it was in the child'sbest interests to terminate the mother's parental rights and free him for adoption by the fosterparent (see Family Ct Act § 631). A suspended judgment was not appropriate inlight of the mother's lack of insight into her problems and failure to address the primary issueswhich led to the child's removal in the first instance (see Matter of Peter C., Jr. [Peter C.] 88 AD3d 702 [2011]; Matter of Zechariah J. [Valrick J.], 84AD3d 1087, 1088-1089 [2011]). Angiolillo, J.P., Florio, Chambers and Hall, JJ., concur.