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IN RE: GLORIA MELANIE S., etc., a Child Under the Age of Eighteen Years, etc., Gerald Anthony S., Respondent-Appellant, Graham-Windham Services to Children and Families, Petitioner-Respondent.
Order of disposition, Family Court, Bronx County (Carol A. Stokinger, J.), entered on or about October 19, 2006, which, upon a finding of permanent neglect, terminated respondent's parental rights to the subject child and committed the child's custody and guardianship 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 of respondent's failure to plan for the child's future, notwithstanding petitioner's diligent efforts (see Social Services Law § 384-b [7][a]; Matter of Sheila G., 61 N.Y.2d 368, 373, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984] ). Respondent refused to acknowledge and treat the underlying sexual abuse problem that led to the child's placement in foster care (see Social Services Law § 384-b[7][c]; Matter of Valentine N.-S., 30 A.D.3d 338, 818 N.Y.S.2d 70 [2006]; Matter of Theone A.A., 282 A.D.2d 290, 724 N.Y.S.2d 39 [2001] ). His argument that petitioner failed to undertake the necessary diligent efforts by failing to refer him to a non-confessional sex offender program is contrary to his testimony that he did not need and did not want to attend sex offender therapy, without qualification.
We see no reason to disturb the court's credibility determinations (see Matter of Alpacheta C., 41 A.D.3d 285, 839 N.Y.S.2d 43 [2007], lv. denied 9 N.Y.3d 812, 846 N.Y.S.2d 602, 877 N.E.2d 652 [2007] ).
We have considered appellant's remaining arguments and find them unavailing.
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Decided: January 10, 2008
Court: Supreme Court, Appellate Division, First Department, New York.
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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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