IN RE: LIONEL BURTON W. (2006)

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

IN RE: LIONEL BURTON W., JR., etc., A Dependent Child Under the Age of Eighteen Years, etc., Marie M., et al., Respondents-Appellants, The Children's Aid Society, Petitioner-Respondent.

Decided: June 29, 2006

TOM, J.P., MAZZARELLI, MARLOW, NARDELLI, SWEENY, JJ.

John J. Marafino, Mt. Vernon, for Marie M., appellant. Geoffrey P. Berman, Mamaroneck, for Lionel W., appellant. Rosin & Reiniger, New York (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), and Proskauer Rose LLP, New York (Ian C. Schaefer of counsel), Law Guardian.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered April 1, 2005, which, upon a fact-finding determination of permanent neglect, terminated respondents' parental rights to the subject child and committed the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

The findings of permanent neglect are supported by clear and convincing evidence that, inter alia, respondent mother failed to address her drug addiction despite petitioner agency's diligent efforts referring her to drug treatment program (Social Services Law § 384-b[7][f]; see Matter of Michael M., 172 A.D.2d 152, 567 N.Y.S.2d 693 [1991] ), and that respondent father failed to plan for the child's future independently of the mother despite being encouraged to do so by the agency (see Matter of Monica Betzy D., 291 A.D.2d 289, 737 N.Y.S.2d 615 [2002] ). The finding that termination of parental rights is in the child's best interests is supported by a preponderance of the evidence showing, inter alia, that the child has been in foster care since birth and is thriving in a nurturing foster home.

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