| Matter of Angel M.R.J. (Rachel R.) |
| 2015 NY Slip Op 00373 [124 AD3d 657] |
| January 14, 2015 |
| Appellate Division, Second Department |
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| In the Matter of Angel M.R.J. Suffolk CountyDepartment of Social Services, Respondent; Rachel R. et al., Appellants. (ProceedingNo. 1.) In the Matter of Teyana N.W. Suffolk County Department of Social Services,Respondent; Rachel R., Appellant. (Proceeding No. 2.) |
Gina M. Scelta, Huntington, N.Y., for appellant Rachel R.
Arza Feldman, Uniondale, N.Y. (Steven Feldman of counsel), for appellant ObadiahJ.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Randall J. Ratje ofcounsel), for respondent.
Paraskevi Zarkadas, Centereach, N.Y., attorney for the children.
Appeals from two orders of fact-finding and disposition of the Family Court, SuffolkCounty (Richard Hoffman, J.), both dated July 29, 2013. The orders, after fact-findingand dispositional hearings, found that Rachel R. permanently neglected the subjectchildren, Angel M.R.J. and Teyana N.W., found that Obadiah J. permanently neglectedAngel M.R.J., terminated Rachel R.'s parental rights with respect to the subject children,terminated Obadiah J.'s parental rights with respect to Angel M.R.J., and transferred theguardianship and custody of the subject children to the Suffolk County Department ofSocial Services for the purpose of adoption.
Ordered that the orders of fact-finding and disposition are affirmed, without costs ordisbursements.
The appellant Rachel R. is the mother of the subject children, Angel M.R.J. andTeyana N.W. The appellant Obadiah J. is the father of Angel M.R.J.
The Family Court properly determined, based on clear and convincing evidence, thatthe appellant Rachel R. (hereinafter the mother) permanently neglected the subjectchildren by failing to plan for their return during the four-year period following theirplacement into foster care (seeMatter of Kaydance H.G. [Carmen M.], 122 AD3d 630 [2014]; Matter of Dianelys T.W. [MalikW.], 121 AD3d 801, 801 [2014]; Matter of Todd Andre'D. [Kenyetta L.], 88 AD3d 876, 876[2011]). The record [*2]demonstrates that the petitionermade diligent efforts to help the mother comply with her service plan, which required herto, inter alia, complete a course of psychotherapy and attend substance abuse therapy.The record establishes that, at the time of the filing of the petitions, the mother had yet tocomplete either a course of psychotherapy or substance abuse therapy.
The Family Court also properly determined, based on clear and convincing evidence,that the appellant Obadiah J. (hereinafter the father) permanently neglected Angel M.R.J.by failing to plan for that child's return following his placement into foster care (seeMatter of Kaydance H.G. [Carmen M.], 122 AD3d at 630; Matter of DianelysT.W. [Malik W.], 121 AD3d at 801; Matter of Todd Andre'D. [Kenyetta L.],88 AD3d at 876). The record establishes that the petitioner made diligent efforts to assistthe father with complying with his service plan, which required him to regularly visit thechild and to file for custody. Although the petitioner repeatedly counseled the father onhow to file for custody, he did not file his custody petition until after the terminationpetition was filed. The record further establishes that, during the pendency of thetermination proceeding, the father pleaded guilty to a felony drug crime and was awaitingsentencing by a drug diversion court.
In light of the mother's failure to complete the required programs and the father'simpending sentencing, the Family Court properly denied the application for a suspendedjudgment (see Matter of SeanP.H. [Rosemarie H.], 122 AD3d 850 [2014]).
The Family Court also properly determined that termination of the parental rights ofboth the mother and the father was in the children's best interests (see Matter ofKaydance H.G. [Carmen M.], 122 AD3d at 630; Matter of Dianelys T.W. [MalikW.], 121 AD3d at 801; Matter of Todd Andre'D. [Kenyetta L.], 88 AD3d at876; Matter of Kendra D.[Amanda D.], 81 AD3d 644, 644 [2011]). Rivera, J.P., Hall, Austin and Cohen,JJ., concur.