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IN RE: ADANTE A., etc., and Others, Dependent Children Under the Age of Fourteen Years, etc., Anana T.W., etc., Respondent-Appellant, Sheltering Arms Children's Service, Petitioner-Respondent.
Orders of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about November 3, 2005, which, after a hearing, terminated respondent mother's parental rights over the subject children based on findings of permanent neglect, and conferred rights of guardianship and custody on petitioner agency for the purpose of adoption, unanimously affirmed, without costs.
The agency made diligent efforts, pursuant to Social Services Law § 384-b(7)(f), to encourage and strengthen the parent-children relationship by urging respondent to attend and complete parenting skills classes and domestic violence counseling, making referrals, and arranging visitation both before and after her arrest and incarceration. The statutory obligation is subject to a rule of reason (Matter of Kaleemah Shaleah M., 6 A.D.3d 189, 191, 775 N.Y.S.2d 252 [2004]; Matter of O. Children, 128 A.D.2d 460, 464, 513 N.Y.S.2d 153 [1987] ), and the agency is not a guarantor of a parent's success in overcoming his or her predicament (Matter of Sheila G., 61 N.Y.2d 368, 385, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ). A finding of permanent neglect is warranted where the mother has failed to take substantial steps toward planning for the children's future (see Matter of Charlene Lashay J., 280 A.D.2d 320, 720 N.Y.S.2d 469 [2001] ).
Furthermore, the court properly found that the children's best interests would be served by termination of parental rights rather than a suspended judgment (see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). These children had bonded with their foster parents, and there was no evidence of a positive, meaningful relationship with their mother that would warrant a suspended judgment (see Matter of Michael B., 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122 [1992]; Matter of Amanda R., 215 A.D.2d 220, 626 N.Y.S.2d 481 [1995], lv. denied 86 N.Y.2d 705, 632 N.Y.S.2d 499, 656 N.E.2d 598 [1995] ).
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Decided: March 06, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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