| Matter of Ronald Anthony G. (Ronald G.) |
| 2012 NY Slip Op 02435 [94 AD3d 424] |
| April 3, 2012 |
| Appellate Division, First Department |
| In the Matter of Ronald Anthony G., Jr. and Another, ChildrenAlleged to be Neglected. Ronald G., Appellant; Catholic Guardian Society and Home Bureau,Respondent. |
—[*1] Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Michael D. Scherz of counsel),attorney for the child.
Orders of disposition, Family Court, New York County (Susan Knipps, J.), entered on orabout January 20 and February 2, 2011, which, to the extent appealed from, upon a fact-findingof permanent neglect, terminated respondent father's parental rights to the subject children andcommitted custody and guardianship of the children to petitioner agency and the Commissionerof Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence thatrespondent failed to plan for his children's future, as he refused to accept his diagnosis of, andseek treatment for, schizophrenia and refused to utilize the shelter system as a pathway toobtaining suitable housing (Social Services Law § 384-b [7] [a], [c]; Matter of Fernando Alexander B. [SimoneAnita W.], 85 AD3d 658, 659 [2011]). The agency was not required to exercisereasonable efforts to return the children to respondent, as his parental rights to seven otherchildren had been involuntarily terminated (see Family Ct Act § 1039-b [b] [6]; Matter of Evelyse Luz S., 57 AD3d329, 330 [2008]). In any event, the agency established by clear and convincing evidence thatit exercised diligent efforts by referring respondent to mental health treatment programs andencouraging him to use the shelter system in order to obtain suitable housing (see Matter ofSheila G., 61 NY2d 368, 384 [1984]).
A preponderance of the evidence supports the finding that it is in the children's best intereststo terminate respondent's parental rights in order to free the children for adoption by their fosterparents (see Family Ct Act § 631; Matter of Star Leslie W., 63 NY2d 136,147-148 [1984]). The record shows that respondent is still homeless and has failed to obtainappropriate [*2]mental health treatment. By contrast, since birth,the children, now ages four and three, have lived in a loving and stable foster home with fosterparents who wish to adopt them and with whom they have bonded (see Matter of Kie Asia T. [ShaneeneT.], 89 AD3d 528, 528-529 [2011]). Concur—Friedman, J.P., DeGrasse,Freedman and Abdus-Salaam, JJ.