| Matter of Travis G. (Carmen M.) |
| 2014 NY Slip Op 03837 [117 AD3d 1049] |
| May 28, 2014 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Travis G. Suffolk County Departmentof Social Services, Respondent; Carmen M., Appellant. |
Glenn Gucciardo, Northport, N.Y., for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Randall J. Ratje ofcounsel), for respondent.
Joseph D. Mirabella, Mastic, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b and FamilyCourt Act article 6 to terminate parental rights on the ground of permanent neglect, themother appeals from an order of fact-finding and disposition of the Family Court,Suffolk County (Freundlich, J.), dated January 24, 2013, which, upon a decision of thesame court, made after fact-finding and dispositional hearings, determined that shepermanently neglected the subject child, terminated her parental rights, and transferredcustody and guardianship of the subject child to the Suffolk County Department ofSocial Services for the purpose of adoption. The notice of appeal from the decision isdeemed to be a notice of appeal from the order of fact-finding and disposition (seeCPLR 5512 [a]).
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The Family Court properly determined that there was clear and convincing evidencethat the mother permanently neglected the subject child by failing, for one year followingthe child's placement into foster care, to plan for his return (see Matter of Todd Andre'D.[Kenyetta L.], 88 AD3d 876 [2011]; Matter of Kendra D. [Amanda D.], 81 AD3d 644 [2011];Matter of Wesley F., 190 AD2d 576 [1993]; Matter of Gregory MichaelM., 167 AD2d 469, 470-471 [1990]; Matter of June Y., 128 AD2d 538[1987]). The record establishes that the petitioner made diligent efforts to help themother comply with her service plan, which required her to submit to a mental healthevaluation, to complete psychotherapy, to complete a parenting skills training program,and to maintain regular visits with the child. At the time the instant petition was filed, themother still had not completed psychotherapy and had not maintained regular visitationwith the child. The court properly determined that termination of the mother's parentalrights was in the child's best interest (see Matter of Todd Andre'D. [Kenyetta L.], 88 AD3d 876[2011]; Matter of Kendra D. [Amanda D.], 81 AD3d at 644; Matter ofShawna DD., 289 AD2d 892, 894 [2001]; Matter of Kenneth A., 206 AD2d602, 604 [1994]).
[*2] Contrary to themother's contention, she was afforded the effective assistance of counsel in the FamilyCourt (see Matter of Darrell W.[Tenika C.], 110 AD3d 1088 [2013]; Matter of Dylan Mc. [Michelle M. Mc.], 105 AD3d 1049[2013]; Matter of Christiana C.[Carleton C.], 86 AD3d 606 [2011]). Dillon, J.P., Hall, Cohen and Hinds-Radix,JJ., concur.