| Matter of Adam L. (Marie L.-K.) |
| 2012 NY Slip Op 05418 [97 AD3d 581] |
| July 5, 2012 |
| Appellate Division, Second Department |
| In the Matter of Adam L. Rockland County Department of SocialServices, Respondent; Marie L.-K., Appellant. |
—[*1] Jeffrey Fortunato, Acting County Attorney, New City, N.Y. (Barbara M. Wilmit of counsel),for respondent. Joy S. Joseph, Elmsford, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the mother appeals from an order of fact-finding anddisposition of the Family Court, Rockland County (Edwards, J.), entered October 28, 2011,which, after fact-finding and dispositional hearings, and upon the mother's stipulation, found thatshe had permanently neglected the subject child, terminated her parental rights, and transferredcustody and guardianship of the child to the Rockland County Department of Social Services forthe purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The mother's knowing and voluntary admission in open court on March 15, 2011, satisfiedthe burden of proof necessary for the Family Court's finding of permanent neglect (seeFamily Ct Act § 622; Matter of Commissioner of Social Servs. [Steven B.],232 AD2d 557, 557-558 [1996]; Matter of Lawrence Clinton S., 186 AD2d 808, 809[1992]; Matter of Sharena C., 186 AD2d 249 [1992]).
Additionally, the Family Court properly found that the best interests of the subject childwould be served by terminating the mother's parental rights and freeing him for adoption. Thechild, who suffers from severe cognitive limitations, including an inability to communicate, andwho requires constant supervision, has bonded with his foster family with whom he had lived formore than four years at the time of the dispositional hearing. In addition, the foster parents wereinvolved in developing the child's life skills, responding appropriately to his behavior, and inplanning for how to help him reach his potential, while the mother exhibited an inability toappreciate the extent of the child's limitations. The mother also responded inconsistently, at best,to the child's behavior, and displayed an inability to learn and implement programs necessary tohelp him reach his potential. In these circumstances, termination of parental rights serves the bestinterests of the child (see Matter ofDeajah Shabri T., 44 AD3d 1060, 1062 [2007]; Matter of Tynell S., 43 AD3d 1171, 1173 [2007]; Matter of[*2]Tiffany A., 242 AD2d 709, 711 [1997]). Mastro, A.P.J.,Angiolillo, Austin and Sgroi, JJ., concur.