| Matter of James T.L. (Robert L.) |
| 2015 NY Slip Op 08416 [133 AD3d 759] |
| November 18, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of James T.L. Suffolk County Departmentof Social Services, Respondent; Robert L., Appellant. (Proceeding No. 1.) In the Matterof Blake T.L. Suffolk County Department of Social Services, Respondent; Robert L.,Appellant. (Proceeding No. 2.) |
Glenn Gucciardo, Northport, N.Y., for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Christina E. Farrell ofcounsel), for respondent.
Robert C. Mitchell, Central Islip, N.Y. (John B. Belmonte of counsel), attorney forthe child.
Appeal from (1) an order of the Family Court, Suffolk County (David Freundlich,J.), dated August 13, 2014, and (2) an order of that court dated August 18, 2014. Theorders, insofar as appealed from, after a fact-finding hearing, determined that the fatherpermanently neglected the subject children, James T.L. and Blake T.L.
Ordered that orders are affirmed insofar as appealed from, without costs ordisbursements.
The petitioner established, by clear and convincing evidence, that it exerciseddiligent efforts to encourage and strengthen the parent-child relationship by, inter alia,scheduling visits between the father and the subject children, providing referrals forcourt-ordered programs, and advising the father of the importance of complying with thecourt's directives (see Matter ofAngel M.R.J. [Rachel R.], 124 AD3d 657 [2015]; Matter of Kaydance H.G. [CarmenM.], 122 AD3d 630 [2014]; Matter of Dianelys T.W. [Malik W.], 121 AD3d 801[2014]; Matter of Tarmara F.J.[Jaineen J.], 108 AD3d 543, 543-544 [2013]; Matter of John M. [RaymondK.], 82 AD3d 1100 [2011]; Matter of Danielle Joy K., 60 AD3d 948 [2009]). Despitethese efforts, the father failed to plan for the return of the subject children by failing toattend a substance abuse treatment program for at least one year following the children'sentrance into foster care (seeMatter of Angel M.R.J. [Rachel R.], 124 AD3d 657 [2015]; Matter ofJonathan B. [Linda S.], 84 AD3d [*2]1078 [2011];Matter of David O.C., 57AD3d 775 [2008]; Matter of Jonathan P., 283 AD2d 675 [2001]; see also Matter of DaniellaC.G., 25 AD3d 494 [2006]). Although the father completed a parenting course,submitted to a forensic health evaluation and visited with the subject children, he did notadequately address his substance abuse issues. Partial compliance with the court-orderedprograms is insufficient to preclude a finding of permanent neglect (see Matter of Mercedes R.B.[Heather C.], 130 AD3d 1022 [2015]; Matter of Kayla S.-G. [David G.], 125 AD3d 980[2015]; Matter of Tarmara F.J. [Jaineen J.], 108 AD3d at 544). Accordingly, theFamily Court properly determined that the father had permanently neglected the subjectchildren. Rivera, J.P., Dillon, Chambers and LaSalle, JJ., concur.