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IN RE: WILFREDO A.M., a Dependent Child Under the Age of Eighteen Years, etc., Myrna M.P., Respondent-Appellant, MercyFirst, Petitioner-Respondent.
Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about October 3, 2006, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence (Social Services Law § 384-b[7][a] ). Despite the diligent efforts of the agency to encourage and strengthen the parental relationship, which included arranging frequent visitation with the child and scheduling service plan reviews, respondent failed to adequately address the problems that led to the removal of her son (see Matter of Tashona Sharmaine A., 24 A.D.3d 135, 805 N.Y.S.2d 331 [2005], lv. denied 6 N.Y.3d 715, 823 N.Y.S.2d 356, 856 N.E.2d 920 [2006] ). Respondent's attendance at individual therapy, anger management counseling and parenting-skills classes does not require a finding that she planned for her son's return (see Matter of Nathaniel T., 67 N.Y.2d 838, 841-842, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986]; Matter of Violeta P., 45 A.D.3d 352, 845 N.Y.S.2d 278 [2007] ). Furthermore, case records demonstrate that respondent continued to use corporal punishment inappropriately on the subject child (see Matter of Joquan Jomaine-Anthony V., 39 A.D.3d 868, 835 N.Y.S.2d 320 [2007] ). Nor is the finding of permanent neglect undermined by the evidence that the agency took steps to arrange for a trial discharge of the child to respondent, which never materialized due to respondent's violent behavior (see Matter of Star Leslie W., 63 N.Y.2d 136, 145-146, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ).
The evidence at the dispositional hearing was preponderant that the best interests of the child would be served by terminating respondent's parental rights so as to facilitate the child's adoption by his foster mother with whom he has lived almost his entire life and who tended to his special needs (see Matter of Star Leslie W., 63 N.Y.2d at 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Olivia F., 34 A.D.3d 234, 823 N.Y.S.2d 393 [2006] ). The circumstances presented do not warrant a suspended judgment.
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Decided: November 20, 2008
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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