IN RE: COMMITMENT OF the Guardianship and Custody of KAMEL KEVIN J. (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: COMMITMENT OF the Guardianship and Custody of KAMEL KEVIN J., et al., Children Under the Age of Eighteen Years, etc., Yolanda J., Respondent–Appellant, Pius XII Youth and Family Services, Petitioner–Respondent, Commissioner of the Administration for Children Services, Respondent.

Decided: October 12, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN and ANDRIAS, JJ.

Kimberly Schanzer, for Kamel Kevin J., et al. Arza Rayches Feldman, for Respondent–Appellant. Jeremiah Quinlan, for Petitioner–Respondent.

Order of disposition, Family Court, Bronx County (Bruce Kaplan, J.), entered May 21, 1997, terminating respondent's parental rights upon a finding of permanent neglect, and committing the subject children's guardianship and custody to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence, including respondent's own testimony at the fact-finding hearing, supports the finding that respondent had a drug problem that the agency diligently attempted to address by repeatedly referring her to drug treatment programs that she failed to complete. The evidence also shows that other diligent efforts by the agency to help respondent plan for the children's future were appropriately addressed to respondent's needs for housing and income, but also were unsuccessful (Social Services Law § 384–b [7][a], [c], [f][3] ). We agree with Family Court that it is in the children's best interests to be adopted by respondent's mother, with whom they have lived for most of their lives.

MEMORANDUM DECISION.

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