IN RE: NOEMI D. (2007)

 Respondent appeals from an order terminating her parental rights based on a finding of permanent neglect and transferring her guardianship and custody rights to petitioner.   We reject respondent's contention that petitioner failed to demonstrate by clear and convincing evidence that it had exercised diligent efforts to strengthen the parent-child relationship and to reunite respondent with her child (see generally Matter of Sheila G., 61 N.Y.2d 368, 373, 474 N.Y.S.2d 421, 462 N.E.2d 1139).   Indeed, the record establishes that, despite petitioner's efforts to strengthen the parental relationship by providing respondent with drug and alcohol counseling, biweekly visitation with the child, and joint counseling for respondent and the child, respondent was unable to recognize the child's emotional and developmental needs or her own role in contributing to the child's psychological problems, including a diagnosis for “reactive attachment disorder.”   The “unwillingness on respondent's part to recognize and address the [child's] particular, specialized needs was properly considered by [the c]ourt as evidence of a failure to take the steps necessary to provide [the child] with appropriate care” (Matter of Ashlee X., 244 A.D.2d 707, 708, 664 N.Y.S.2d 385).   We further reject respondent's contention that Family Court abused its discretion in refusing to enter a suspended judgment (see Matter of Jose R., 32 A.D.3d 1284, 1285, 821 N.Y.S.2d 719, lv. denied 7 N.Y.3d 718, 827 N.Y.S.2d 689, 860 N.E.2d 991).   The court properly declined to enter a suspended judgment inasmuch as the record establishes that any progress made by respondent “was not sufficient to warrant any further prolongation of the child's unsettled familial status” (Matter of Maryline A., 22 A.D.3d 227, 228, 802 N.Y.S.2d 29;  see Jose R., 32 A.D.3d at 1285, 821 N.Y.S.2d 719).

 Also contrary to respondent's contention, the court did not err in admitting in evidence certain psychological reports under the business records exception to the hearsay rule (see CPLR 4518;  Matter of Ricky A.B., 15 A.D.3d 838, 839, 789 N.Y.S.2d 379).   Finally, the court properly allowed the child's psychologist to testify concerning certain out-of-court statements made by the child.   Those statements were offered to show the child's state of mind rather than to establish the truth of the matter asserted (see generally People v. Tosca, 98 N.Y.2d 660, 746 N.Y.S.2d 276, 773 N.E.2d 1014;  People v. Felder, 37 N.Y.2d 779, 780–781, 375 N.Y.S.2d 98, 337 N.E.2d 606;  Matter of Mateo v. Tuttle, 26 A.D.3d 731, 732, 809 N.Y.S.2d 699).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: