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In re Darryl A. H. (Anonymous)

Supreme Court of New York, Second Department

September 11, 2013

In the Matter of Darryl A. H. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; and Olga Z. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Orianne Z. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; and Olga Z. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-24060-09, B-16866-10)

Barbara J. Caravello, Jamaica, N.Y., for appellant.

Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for petitioner-respondent Little Flower Children and Family Services.

PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.

DECISION & ORDER

In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of two orders of fact-finding and disposition of the Family Court, Queens County (McGowan, J.) (one as to each child), both dated April 12, 2012, as, after fact-finding and dispositional hearings, found that she had permanently neglected the subject children and terminated her parental rights.

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

The Family Court properly found that the mother permanently neglected the subject children. The petitioners established by clear and convincing evidence that they made diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384-b[7]; Matter of Star Leslie W., 63 N.Y.2d 136, 142-143). These efforts included facilitating visitation, repeatedly providing the mother with referrals for parenting skills classes and mental health evaluations and counseling, and repeatedly advising the mother of the need for her to attend and complete such programs (see Matter of Joseph W. [ Monica W. ], 95 A.D.3d 1347; Matter of Beyonce H. [ Baranaca H. ], 85 A.D.3d 1168; Matter of Danielle Joy K., 60 A.D.3d 948). Despite these efforts, the mother failed to plan for the children's future by failing to complete the necessary programs (see Matter of Shamika K.L.N., 101 A.D.3d 729; Matter of Justin I.B., 99 A.D.3d 897; Matter of Hadiyyah J.M., 91 A.D.3d 874; Matter of Female C., 55 A.D.3d 603). Furthermore, the Family Court properly determined that it was in the best interests of the children to terminate the mother's parental rights (see Matter of W.J., 99 A.D.3d 711; Matter of Kyshawn F., 95 A.D.3d 883; Matter of Anthony R. [ Juliann A. ], 90 A.D.3d 1055, 1056-1057).

The mother's remaining contention is without merit.

SKELOS, J.P., ANGIOLILLO, ROMAN and COHEN, JJ., concur.


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