| Matter of Kaydance H.G. (Carmen M.) |
| 2014 NY Slip Op 07507 [122 AD3d 630] |
| November 5, 2014 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Kaydance H.G. Suffolk CountyDepartment of Social Services, Respondent; Carmen M.,Appellant. |
Glenn Gucciardo, Northport, N.Y., for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet ofcounsel), for respondent.
Kenneth M. Tuccillo, Hastings-on-Hudson, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminateparental rights on the ground of permanent neglect, the mother appeals (1) from an orderof fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.),dated October 1, 2013, which, after fact-finding and dispositional hearings, inter alia,found that she permanently neglected the child and transferred guardianship and custodyof the child to the Suffolk County Department of Social Services for the purpose ofadoption, and (2) an order of the same court dated October 7, 2013, which, afterfact-finding and dispositional hearings, inter alia, terminated her parental rights.
Ordered that the orders are affirmed, without costs or disbursements.
The Family Court properly determined, based on clear and convincing evidence, thatthe mother permanently neglected the subject child by failing, for one year following thechild's placement into foster care, to plan for her 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]). The evidence at that fact-findinghearing established that the petitioner made diligent efforts to help the mother complywith her service plan. At the time the instant petition was filed, the mother still had notfound suitable housing or planned for the return of the child. The court also properlydetermined that termination of the mother's parental rights was in the child's best interests(see Matter of Todd Andre'D. [Kenyetta L.], 88 AD3d at 876; Matter ofKendra D. [Amanda D.], 81 AD3d at 645; Matter of Shawna DD., 289 AD2d892, 894 [2001]).
Contrary to the mother's contention, she was afforded the effective assistance ofcounsel in the Family Court (seeMatter of Darrell W. [Tenika C.], 110 AD3d 1088 [2013]; Matter of Dylan Mc. [Michelle M.Mc.], 105 AD3d 1049 [2013]).
[*2] The mother's remaining contentions are without merit. Eng, P.J., Dillon, Duffyand Barros, JJ., concur.