| Matter of Mercedes R.B. (Heather C.) |
| 2015 NY Slip Op 06338 [130 AD3d 1022] |
| July 29, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Mercedes R.B. Suffolk CountyDepartment of Social Services, Respondent; Heather C., Appellant, et al.,Respondent. |
Arza R. Feldman, Uniondale, N.Y., for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Randall J. Ratje ofcounsel), for petitioner-respondent.
Heather A. Fig, Bayport, N.Y., attorney for the child.
Appeal from an order of fact-finding and disposition of the Family Court, SuffolkCounty (David Freundlich, J.), entered August 15, 2013. The order, insofar as appealedfrom, after fact-finding and dispositional hearings, found that the mother permanentlyneglected the subject child, terminated her parental rights, and committed the child to thecustody and guardianship of the Suffolk County Department of Social Services for thepurpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealedfrom, without costs or disbursements.
The petitioner established, by clear and convincing evidence, that it exerciseddiligent efforts to strengthen the parent-child relationship by, inter alia, scheduling visitsbetween the mother and the child, providing referrals for court-ordered programs, andadvising the mother of the importance of complying with the court's directives (see Matter of Tarmara F.J. [JaineenJ.], 108 AD3d 543, 543-544 [2013]; Matter of John M. [Raymond K.], 82 AD3d 1100 [2011];Matter of Danielle Joy K.,60 AD3d 948 [2009]). Despite these efforts, the mother failed to plan for the returnof the child by, among other things, failing to attend a substance abuse treatment programand to participate in psychotherapy. Although the mother completed a parenting course,she did not address her substance abuse and mental health issues (see Matter of Travis G. [CarmenM.], 117 AD3d 1049 [2014]). Accordingly, the Family Court properlydetermined that the mother had permanently neglected the child and that it was in thechild's best interests to terminate the mother's parental rights (see Matter of TarmaraF.J. [Jaineen J.], 108 AD3d at 544). Skelos, J.P., Leventhal, Hinds-Radix andMaltese, JJ., concur.