| Matter of Tashameeka Valerie P. (Priscilla P.) |
| 2013 NY Slip Op 00540 [102 AD3d 614] |
| January 31, 2013 |
| Appellate Division, First Department |
| In the Matter of Tashameeka Valerie P. and Another,Children Alleged to be Permanently Neglected. Priscilla P., Appellant; SCO Family ofServices, Respondent. |
—[*1] Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), forrespondent.
Orders of disposition, Family Court, Bronx County (Monica Drinane, J.), entered onor about July 5, 2011, which, upon a fact-finding determination that respondent motherhad permanently neglected her children, terminated her parental rights to the subjectchildren and committed custody and guardianship of the children to petitioner agencyand the Commissioner of the Administration for Children's Services for the purpose ofadoption, unanimously affirmed, without costs.
Clear and convincing evidence supports the determination that the motherpermanently neglected the children, despite the agency's diligent efforts. The recordreflects that the mother's visits were sporadic, that she sometimes behavedinappropriately at visits, and that she failed to complete individual therapy, which waspart of the service plan. The record further indicates that the agency scheduled visits,established a service plan, made referrals for the mother and the children for services,conducted meetings and conferences with the mother to discuss her compliance with theplan, and agency staff visited her home and the children's foster homes.
The record also supports the court's dispositional determination. The mother movedout-of-state, knowing that her already spotty visitation record would decline further, andfailed to maintain phone contact with the children. The mother never requested asuspended judgment, [*2]which was not warranted in anyevent since the mother failed to demonstrate sufficient progress to justify delaying thechildren's ability to achieve stability in their lives. Concur—Gonzalez, P.J.,Friedman, Moskowitz, DeGrasse and Freedman, JJ.