Jennifer M., Respondent-Appellant. v. << (2006)

 Respondent appeals from an order terminating her parental rights on the ground of permanent neglect.   Respondent admitted the allegation of permanent neglect, but she contends that Family Court erred in refusing to issue a suspended judgment and in failing to provide for visitation between respondent and her children.   Despite the exemplary efforts of respondent to be reunited with her children by complying with the required service programs, attending counseling, and attending every scheduled visitation and many medical and counseling appointments with the children, we conclude that the court properly determined that respondent is incapable of properly caring for her children, all of whom have special needs, and thus that it is in the best interests of the children to terminate respondent's parental rights (see Matter of Trisha K., 9 A.D.3d 900, 901, 779 N.Y.S.2d 385;  see generally Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824).   We further conclude that the court properly determined that it lacked authority to provide for visitation between respondent and the children (see Matter of Jessi W., 20 A.D.3d 620, 621-622, 798 N.Y.S.2d 193;  Matter of Livingston County Dept. of Social Servs. v. Tracy T., 16 A.D.3d 1133, 792 N.Y.S.2d 273;  see also Matter of Labron P., 23 A.D.3d 943, 945, 804 N.Y.S.2d 453;  cf. Matter of Corinthian Marie S., 297 A.D.2d 382, 746 N.Y.S.2d 606).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: