| Matter of Tarmara F.J. (Jaineen J.) |
| 2013 NY Slip Op 05072 [108 AD3d 543] |
| July 3, 2013 |
| Appellate Division, Second Department |
| In the Matter of Tarmara F.J., Also Known as Tamara J.New York Foundling Hospital, Respondent; Jaineen J., Appellant. (Proceeding No. 1.) Inthe Matter of Benjamin W.J. New York Foundling Hospital, Respondent; Jaineen J.,Appellant. (Proceeding No. 2.) |
—[*1] Quinlan and Fields, Hawthorne, N.Y. (Daniel Gartenstein and Jeremiah Quinlan ofcounsel), for respondent. Steven Banks, New York, N.Y. (Judith D. Waksberg and Proskauer Rose LLP[Susan Friedfel and Andrea G. Miller], of counsel), attorney for the children.
In two related proceedings pursuant to Social Services Law § 384-b toterminate the mother's parental rights on the ground of permanent neglect, the motherappeals from two orders of fact-finding and disposition of the Family Court, QueensCounty (Salinitro, J.) (one as to each child), both dated February 3, 2012, which, afterfact-finding and dispositional hearings, found that she permanently neglected the subjectchildren, terminated her parental rights, and transferred guardianship and custody of thechildren to the New York Foundling Hospital for the purpose of adoption.
Ordered that the orders of fact-finding and disposition are affirmed, without costs ordisbursements.
The petitioner agency established by clear and convincing evidence that it madediligent efforts to encourage and strengthen the relationship between the mother and thesubject children by meeting with the mother to review her service plan, discussing theimportance of compliance, providing referrals for drug testing and housing, andscheduling visitation between the mother and the subject children (see Matter of StarLeslie W., 63 NY2d 136, 142 [1984]; Matter of Beyonce H. [Baranaca H.], 85 AD3d 1168, 1169[2011]; Matter of John M.[Raymond K.], 82 AD3d 1100 [2011]). Despite [*2]these efforts, the mother failed to plan for the future of thechildren (see Social Services Law § 384-b [7] [c]; Matter of Beyonce H. [BaranacaH.], 85 AD3d 1168, 1169 [2011]; Matter of John M. [Raymond K.], 82AD3d at 1100). The mother's partial compliance with the service plan was insufficient topreclude a finding of permanent neglect (see Matter of "Female" C., 55 AD3d 603, 604 [2008]; Matter of Robert David L., 7AD3d 529, 530 [2004]; Matter of Shane Anthony P., 307 AD2d 297[2003]). Furthermore, the Family Court correctly determined that it would be in thechildren's best interests to terminate the mother's parental rights and free the children foradoption (see Matter of DaevonLamar P., 48 AD3d 469, 470 [2008]; Matter of Tynell S., 43 AD3d 1171, 1173 [2007]). Rivera,J.P., Skelos, Chambers and Austin, JJ., concur.