IN RE: COMMITMENT OF the Guardianship (2000)

Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about May 22, 1997, which, upon a finding of permanent neglect, terminated respondent mother's parental rights and committed the subject child to the custody and guardianship of petitioners Commissioner of Social Services and the New York Foundling Hospital for the purposes of adoption, unanimously affirmed, without costs.

 There was clear and convincing evidence to support Family Court's finding that respondent mother had permanently neglected the subject child by failing to complete a drug rehabilitation program notwithstanding petitioner agency's diligent efforts to obtain respondent's compliance with and completion of such a program (see, Social Services Law § 384-b[7][a];  Matter of Natajha Starr M., 204 A.D.2d 232, 612 N.Y.S.2d 413, lv. denied 84 N.Y.2d 806, 621 N.Y.S.2d 515, 645 N.E.2d 1215).   Although respondent participated in drug rehabilitation programs, the finding of permanent neglect against her is nonetheless warranted since respondent did not complete the programs she began (see, Matter of Vincent M., 255 A.D.2d 515, 680 N.Y.S.2d 629;  Matter of Masa Qwawi D., 245 A.D.2d 370, 665 N.Y.S.2d 437;  Matter of Stephen Anthony M., 237 A.D.2d 363, 655 N.Y.S.2d 437, lv. denied 90 N.Y.2d 804, 661 N.Y.S.2d 180, 683 N.E.2d 1054).   In light of respondent mother's failure over a period of some seven years to comply with the agency's requirements, Family Court properly exercised its discretion in declining to enter a suspended judgment (see, Matter of Lameek L., 226 A.D.2d 464, 640 N.Y.S.2d 600;  Matter of Latesha Nicole M., 219 A.D.2d 521, 631 N.Y.S.2d 669;  Matter of Juan Andres R., 216 A.D.2d 145, 629 N.Y.S.2d 7).   Finally, under all the relevant circumstances, termination of respondent's parental rights so as to permit the adoption process to move forward was properly found by Family Court to be in the best interests of the subject child (see, Matter of Amanda R., 215 A.D.2d 220, 626 N.Y.S.2d 481, lv. denied 86 N.Y.2d 705, 632 N.Y.S.2d 499, 656 N.E.2d 598).

MEMORANDUM DECISION.