IN RE: JASMINE NANCY H. (2005)

Supreme Court, Appellate Division, First Department, New York.

IN RE: JASMINE NANCY H., A Child Under the Age of Eighteen Years, etc., Tywana J., Respondent-Appellant, Jewish Child Care Association, Petitioner-Respondent.

Decided: June 28, 2005

SAXE, J.P., NARDELLI, WILLIAMS, GONZALEZ, CATTERSON, JJ.

Law Offices of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), for appellant. James M. Abramson, New York, for respondent. Steven Banks, The Legal Aid Society, New York (Diane Pazar of counsel), Law Guardian.

Order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about October 24, 2003, which, upon a fact-finding determination that she had permanently neglected her daughter, terminated respondent mother's parental rights and committed the child to the custody and guardianship of petitioner agency and the Commissioner of Social Services of the City of New York, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that despite the agency's diligent efforts, respondent failed to avail herself of mental health services and failed to plan for the child's return. The best interest of this child was served by terminating respondent's parental rights so as to facilitate adoption (see Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ).

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