| Matter of Kyshawn F. (Nellie M.-F.) |
| 2012 NY Slip Op 03446 [95 AD3d 883] |
| May 1, 2012 |
| Appellate Division, Second Department |
| In the Matter of Kyshawn F. Nassau County Department of SocialServices, Respondent; Nellie M.-F., Appellant. (Proceeding No. 1.) In the Matter of Shanea R.Nassau County Department of Social Services, Respondent; Nellie M.-F., Appellant. (ProceedingNo. 2.) In the Matter of Shannen F. Nassau County Department of Social Services, Respondent;Nellie M.-F., Appellant. (Proceeding No. 3.) |
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John Ciampoli, County Attorney, Mineola, N.Y. (David A. Tauster of counsel; John P.Hogan on the brief), for respondent. John M. Zenir, Mineola, N.Y., attorney for the children.
In three related proceedings pursuant to Social Services Law § 384-b and Family CourtAct article 6 to terminate parental rights on the ground of permanent neglect, the mother appealsfrom three orders of disposition of the Family Court, Nassau County (Dane, J.) (one as to eachchild), all dated December 22, 2010, which, upon a fact-finding order of the same court datedJanuary 8, 2010, made after a fact-finding hearing, finding that she permanently neglected thesubject children, terminated her parental rights and transferred custody and guardianship of thesubject children to the Commissioner of the Nassau County Department of Social Services forthe purpose of adoption. The appeal from the order of disposition brings up for review thefact-finding order.
Ordered that the appeal from the order of disposition pertaining to Shannen F. is dismissed asacademic, without costs or disbursements, as that child has attained majority age (see Matterof Francisco Anthony C.F., 305 AD2d 410 [2003]); and it is further,
Ordered that the order of disposition pertaining to the child Kyshawn F. is [*2]modified, on the facts and in the exercise of discretion, by addingthereto a provision directing that the mother shall have post-termination visitation with the childKyshawn F.; as so modified, the order of disposition pertaining to the child Kyshawn F. isaffirmed, without costs or disbursements, and the matter is remitted to the Family Court, NassauCounty, for a hearing, if necessary, to determine the extent and frequency of post-terminationvisitation between the mother and the child Kyshawn F. that would be in his best interests; and itis further,
Ordered that order of disposition pertaining to the child Shanea R. is affirmed, without costsand disbursements.
Contrary to the mother's contention, the Family Court properly found that she permanentlyneglected the subject children Shanea R. and Kyshawn F. The petitioner established by clear andconvincing evidence that it made diligent efforts to assist the mother in maintaining contact withthe children and planning for the children's future (see Matter of Star Leslie W., 63 NY2d136, 142 [1984]; Matter of Sheila G., 61 NY2d 368, 373 [1984]). These efforts includedrepeated referrals of the mother to drug treatment programs, the monitoring of her progress inthese programs, repeated advice to the mother that she must attend and complete the drugtreatment programs, and the scheduling of regular visits between her and the children (see Matter of Jada Ta-Toneyia L., 66AD3d 901, 902 [2009]; Matter ofDeajah Shabri T., 44 AD3d 1060, 1061 [2007]; Matter of Distiny Angelina N., 18 AD3d 755, 756 [2005]). Despitethese efforts, the mother failed to plan for the children's future (see Matter of Anthony R. [Juliann A.],90 AD3d 1055, 1056 [2011]; Matter of Beyonce H. [Baranaca H.], 85 AD3d 1168 [2011]; Matter of Teshana Tracey T. [Janet T.],71 AD3d 1032 [2010]). Furthermore, the Family Court properly determined that it was inthe best interests of the children to terminate the mother's parental rights (see Matter of StarLeslie W., 63 NY2d at 147-148; Matter of Beyonce H. [Baranaca H.], 85 AD3d 1168 [2011]; Matter of Jada Ta-Toneyia L., 66AD3d 901 [2009]; Matter of Deajah Shabri T., 44 AD3d at 1062; Matter of Distiny Angelina N., 18AD3d 755 [2005]).
Under the facts of this case, where the child Kyshawn F. is severely disabled, requiring24-hour professional care in a nursing facility, and where, as conceded by the petitioner, heremains emotionally attached to his mother, we modify the order of disposition with respect tohim so as to provide for post-termination visitation by the mother. Accordingly, we remit thematter to the Family Court, Nassau County, to determine, following a hearing, if necessary, theextent and frequency of post-termination visitation between the mother and that child that wouldbe in his best interests (see Matter ofSeth M. , 66 AD3d 1448 [2009]; Matter of Samantha K., 59 AD3d 1012 [2009]; Matter of Josh M., 61 AD3d 1366[2009]; Matter of Bert M., 50 AD3d1509, 1511 [2008]; Matter of KahlilS., 35 AD3d 1164, 1165 [2006]). Skelos, J.P., Eng, Belen and Cohen, JJ., concur.