| Matter of Havyn PP. (Morianna RR.) |
| 2012 NY Slip Op 03245 [94 AD3d 1359] |
| April 26, 2012 |
| Appellate Division, Third Department |
| In the Matter of Havyn PP., a Child Alleged to be PermanentlyNeglected. Clinton County Department of Social Services, Respondent; Morianna RR.,Appellant. |
—[*1] Michael J. Hartnett, Clinton County Department of Social Services, Plattsburgh, forrespondent. Cynthia L. O'Connell, Plattsburgh, attorney for the child.
Peters, P.J. Appeal from two orders of the Family Court of Clinton County (Lawliss, J.),entered April 27, 2011 and May 20, 2011, which granted petitioner's application, in a proceedingpursuant to Social Services Law § 384-b, to adjudicate Havyn PP. to be a permanentlyneglected child, and terminated respondent's parental rights.
In July 2009, petitioner removed Havyn PP. (born in 2008) from respondent's care on anemergency basis as a result of her longstanding history of substance abuse and after discoveringthat she had continuously exposed the child to drug use. Thereafter, upon respondent'sadmissions, Family Court determined that the child was neglected, placed her in foster care andordered that respondent, among other things, refrain from the use of illegal drugs and participatein substance abuse treatment. After Havyn had been in petitioner's custody for more than oneyear, petitioner commenced this permanent neglect proceeding. Following fact-finding and [*2]dispositional hearings, Family Court adjudicated the child to bepermanently neglected and terminated respondent's parental rights. Respondent appeals.
To establish permanent neglect, petitioner must prove by clear and convincing evidence thatit made diligent efforts to strengthen and encourage the parent-child relationship and that, despitesuch efforts, the parent failed to maintain contact with the child or to appropriately plan for thechild's future for a period of one year or 15 of the most recent 22 months since the child wasplaced in the agency's custody, although physically and financially able to do so (seeSocial Services Law § 384-b [7] [a]; Matter of Star Leslie W., 63 NY2d 136, 142[1984]; Matter of Summer G. [AmyF.], 93 AD3d 959, 960 [2012]). Here, the evidence showed that petitioner consistentlyand repeatedly offered respondent a variety of services aimed at addressing the very problemsthat led to the child's removal, namely, her addiction to illegal drugs. Immediately upon Havyn'sremoval, petitioner arranged for an emergency substance abuse evaluation and transportation toan inpatient substance abuse treatment facility. Following respondent's completion of theinpatient program, and during the periods of time when respondent's whereabouts were known,petitioner's caseworkers provided referrals for numerous services and treatment programs,arranged for drug testing, provided a device for alcohol monitoring, repeatedly encouraged her toparticipate in drug treatment court, and provided consistent counseling concerning her substanceabuse problems and the need to remain in treatment. Petitioner also assisted respondent inobtaining emergency housing on multiple occasions and provided financial support, includingMedicaid costs to cover treatment, tokens for transportation and a cell phone with prepaidminutes. In addition, petitioner consistently reviewed respondent's service plan and, even duringperiods of incarceration, arranged for visitation with Havyn and provided respondent with regularupdates on her progress and development. Contrary to respondent's contention, petitioner was notrequired to provide rehabilitative services during her periods of incarceration (see SocialServices Law § 384-b [7] [f] [3]; Matter of Kaiden AA. [John BB.], 81 AD3d 1209, 1210 [2011];Matter of Amanda C., 281 AD2d 714, 716 [2001], lv denied 96 NY2d 714[2001]). This evidence of petitioner's "affirmative, repeated and meaningful efforts to restore theparent-child relationship" satisfied its diligent efforts obligation (Matter of Alycia P., 24 AD3d1119, 1120 [2005]; see Matter ofVictorious LL. [Jonathan LL.], 81 AD3d 1088, 1090 [2011], lv denied 16 NY3d714 [2011]; Matter of Laelani B., 59AD3d 880, 881 [2009]).
Petitioner also proved by clear and convincing evidence that, despite its efforts, respondentfailed to plan for the child's future. Although respondent successfully completed an inpatientsubstance abuse program immediately following her daughter's removal, within a month of herdischarge she relapsed and resumed using heroin, crack cocaine and marihuana, as well asabusing prescription medication. Respondent appeared at supervised visits with Havyn exhibitingsigns that she was under the influence of drugs, including slurred speech, glazed eyes and erraticand bizarre behavior that caused the child to become upset. In addition, respondent repeatedlyrefused to participate in drug treatment court. Notwithstanding petitioner's continuing efforts tofacilitate treatment, respondent missed substance abuse treatment sessions and scheduled drugtests and, in November 2009, left a treatment facility and was unable to be located by petitionerfor more than two months, during which time she was admittedly getting "high" on a daily basis.Ultimately arrested on a warrant, respondent even used opiates while incarcerated. Following herrelease, respondent again attended and was unsuccessfully discharged from an inpatientsubstance abuse treatment. She then resumed her daily drug use, while again failing to informpetitioner of her whereabouts for nearly two months until she was arrested on a warrant andreincarcerated. Given respondent's failure to benefit from the extensive [*3]services offered to her and to correct the conditions that led to thechild's removal, the record fully supports Family Court's conclusion that respondent permanentlyneglected Havyn by failing to adequately plan for her future (see Matter of Summer G. [AmyF.], 93 AD3d at 961-962; Matter ofAngelina BB. [Miguel BB.], 90 AD3d 1196, 1197-1198 [2011]; Matter of Sierra C. [Deborah D.], 74AD3d 1445, 1447 [2010]).
Rose, Lahtinen, Malone Jr. and Kavanagh, JJ., concur. Ordered that the orders are affirmed,without costs.