| Matter of Devon D.T. (Davina T.) |
| 2016 NY Slip Op 00504 [135 AD3d 947] |
| January 27, 2016 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Devon D.T. Children's Aid Society etal.,Respondents; Davina T., Appellant. |
Joseph H. Nivin, Jamaica, NY, for appellant.
Rosin Steinhagen Mendel, New York, NY (Douglas H. Reiniger of counsel), forrespondent Children's Aid Society.
Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Amy Hausknecht ofcounsel), attorney for the child.
Appeal from an order of fact-finding and disposition of the Family Court, RichmondCounty (Karen Wolff, J.), dated September 18, 2014. The order, after fact-finding anddispositional hearings, found that the mother permanently neglected the subject child,terminated her parental rights, and transferred guardianship and custody of the subjectchild to the Children's Aid Society and the Commissioner of the Administration forChildren's Services of the City of New York for the purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The Children's Aid Society petitioned pursuant to Social Services Law§ 384-b to terminate the mother's parental rights with respect to the subjectchild on the ground of permanent neglect. In an order of fact-finding and dispositiondated September 18, 2014, made after fact-finding and dispositional hearings, the FamilyCourt, inter alia, found that the mother permanently neglected the subject child andterminated her parental rights. The mother appeals.
Contrary to the mother's contention, the Family Court properly found that thepetitioning agency made diligent efforts to encourage and strengthen the parentalrelationship (see Social Services Law § 384-b [7] [a]; Matter of Jeremy J.M. [BrandyT.], 118 AD3d 796 [2014]; Matter of Kira J. [Lakisha J.], 108 AD3d 541 [2013]), andthat despite the petitioner's diligent efforts, the mother failed to adequately plan for thesubject child's future (see Social Services Law § 384-b [7] [c]; Matter of Davina R.M.R.L.[Jennifer A.], 123 AD3d 1126 [2014]; Matter of Kira J. [Lakisha J.], 108 AD3d 541 [2013]; Matter of Shamika K.L.N. [MelvinS.L.], 101 AD3d 729, 731 [2012]).
The Family Court also properly terminated the mother's parental rights. The evidence[*2]adduced at the dispositional hearing established thattermination of the mother's parental rights was in the best interests of the child (see Matter of Anastasia R. [JessicaR.], 133 AD3d 605 [2015]). Further, a suspended judgment was not appropriate,given the mother's lack of insight into her problems and her failure to acknowledge andaddress the issues preventing the child's return to her care (see Matter of Aaliyah L.C. [JamieA.], 128 AD3d 955 [2015]; Matter of Shamika K.L.N. [Melvin S.L.],101 AD3d at 731; Matter of Zechariah J. [Valrick J.], 84 AD3d 1087, 1088[2011]).
The mother's remaining contentions are without merit. Balkin, J.P., Leventhal, Cohenand Maltese, JJ., concur.