New York Supreme Court Appellate Division, First Department
December 27, 2012
IN RE TYJAIA SIMONE-KIESHA MC., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., AND CRYSTAL MC., RESPONDENT-APPELLANT, EDWIN GOULD SERVICES FOR CHILDREN AND FAMILIES, PETITIONER-RESPONDENT, COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, PETITIONER.
Matter of Tyjaia Simone-Kiesha Mc. (Crystal Mc.)
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 27, 2012
Friedman, J.P., Acosta, Renwick, Richter, Roman, JJ.
Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about September 8, 2011, which, upon a fact-finding of permanent neglect, terminated respondent mother's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that despite the agency's diligent efforts, respondent failed to plan for the children's future (see Social Services Law § 384-b[a]). Although respondent was required to complete a drug treatment program and the agency provided referrals and sought to follow up, respondent failed to complete a program (see Matter of Jada Dorithah Solay McC. [Crystal Delores McC.], 95 AD3d 615 [1st Dept 2012]; Matter of Alfonso D., 12 AD3d 258, 259 [1st Dept 2004]).
A preponderance of the evidence supports the determination that the children's best interests would be served by terminating respondent's parental rights and freeing the children for adoption (see Matter of Star Leslie W., 63 NY2d 136, 147-148 ). Respondent still had not completed a drug treatment program by the time of disposition. Meanwhile, the children have lived in the same preadoptive foster home with their other siblings for over four years. In addition, the foster parents, who wish to adopt the children, have been tending to the children's special needs, and the children have been thriving in their care.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 27, 2012
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