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In re Tarmara F. J. (Anonymous)

Supreme Court of New York, Second Department

July 3, 2013

In the Matter of Tarmara F. J. (Anonymous), also known as Tamara J. (Anonymous). New York Foundling Hospital, respondent; and Jaineen J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Benjamin W. J. (Anonymous). New York Foundling Hospital, respondent; and Jaineen J. (Anonymous), appellant. (Proceeding No. 2) Docket Nos. B-18713/08, B-18714/08

Matthew M. Lupoli, Flushing, N.Y., for appellant.

Quinlan and Fields, Hawthorne, N.Y. (Daniel Gartenstein and Jeremiah Quinlan of counsel), for respondent.

Steven Banks, New York, N.Y. (Judith D. Waksberg and Proskauer Rose LLP [Susan Friedfel and Andrea G. Miller], of counsel), attorney for the children.

REINALDO E. RIVERA, J.P., PETER B. SKELOS, CHERYL E. CHAMBERS, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

In two related proceedings pursuant to Social Services Law § 384-b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals from two orders of fact-finding and disposition of the Family Court, Queens County (Salinitro, J.) (one as to each child), both dated February 3, 2012, which, after fact-finding and dispositional hearings, found that she permanently neglected the subject children, terminated her parental rights, and transferred guardianship and custody of the children to the New York Foundling Hospital for the purpose of adoption.

ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements.

The petitioner agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the relationship between the mother and the subject children by meeting with the mother to review her service plan, discussing the importance of compliance, providing referrals for drug testing and housing, and scheduling visitation between the mother and the subject children (see Matter of Star Leslie W., 63 N.Y.2d 136, 142; Matter of Beyonce H. [ Baranaca H. ], 85 A.D.3d 1168, 1169; Matter of John M. [ Raymond K. ], 82 A.D.3d 1100). Despite these efforts, the mother failed to plan for the future of the children (see Social Services Law § 384-b[7][c]; Matter of Beyonce H. [ Baranaca H. ], 85 A.D.3d 1168, 1169; Matter of John M. [ Raymond K. ], 82 A.D.3d at 1100). The mother's partial compliance with the service plan was insufficient to preclude a finding of permanent neglect (see Matter of "Female" C., 55 A.D.3d 603, 604; Matter of Robert David L., 7 A.D.3d 529, 530; Matter of Shane Anthony P., 307 A.D.2d 297). Furthermore, the Family Court correctly determined that it would be in the children's best interests to terminate the mother's parental rights and free the children for adoption (see Matter of Daevon Lamar P., 48 A.D.3d 469, 470; Matter of Tynell S., 43 A.D.3d 1171, 1173).

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.


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