IN RE: SONAYAH M. (2024)

Order of disposition, Family Court, New York County (Valerie Pels, J.), entered December 23, 2021, which, upon a finding of permanent neglect, terminated respondent father's parental rights to the subject child and committed the custody of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

A preponderance of the evidence supports the court's determination that the child's best interests would be served by terminating the father's parental rights (see Matter of Anissa Jaquanna Aishah H. [Gregory C.], 159 A.D.3d 516, 516, 70 N.Y.S.3d 33 [1st Dept. 2018];  see also Matter of Mykle Andrew P., 55 A.D.3d 305, 306, 865 N.Y.S.2d 50 [1st Dept. 2008]).  The child has lived with her foster mother for over 10 years, and the two have developed a strong bond (see Matter of Heaveah–Nise Stephania Jannah H., 132 A.D.3d 458, 459, 18 N.Y.S.3d 369 [1st Dept. 2015]).  Although the child has a loving relationship with the father, his refusal to acknowledge his need for mental health treatment demonstrated a lack of insight into the conditions that led to the child's removal, and he has failed to address the fact that his lack of consistent mental health treatment constitutes a barrier to reunification (see Matter of Messiah G. [Giselle F.], 168 A.D.3d 420, 421, 91 N.Y.S.3d 43 [1st Dept. 2019];  Matter of Joaquin Enrique C., III, 79 A.D.3d 548, 549, 912 N.Y.S.2d 219 [1st Dept. 2010]).

A suspended judgment was not warranted here.  Although the father faced legitimate challenges in attending his visits with the child, he was inconsistent in visiting her even when he had stable housing and employment, and he acknowledged that fact (see e.g. Matter of Malcolm M.L. [Ruby C.], 177 A.D.3d 442, 443, 112 N.Y.S.3d 720 [1st Dept. 2019], lv denied 35 N.Y.3d 903, 2020 WL 2214458 [2020]).  Moreover, the foster mother has provided for all of the child's needs and wishes to adopt her (see Matter of Mykle Andrew P., 55 A.D.3d at 306, 865 N.Y.S.2d 50).