IN RE: DESTINY M. (2018)

Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 9, 2015, which determined that respondent father's consent for the adoption of the subject child was not required, and order of fact-finding and disposition, same court (Emily Olshansky, J.), entered on or about June 16, 2017, which, after a hearing, determined that respondent mother permanently neglected the subject child, terminated her parental rights and transferred custody and guardianship of the child to petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

The father's failure to show that he paid fair and reasonable support for the child according to his means is fatal to his claim that his consent is required for the child's adoption (see Domestic Relations Law § 111[1][d];  Matter of Sjuqwan Anthony Zion Perry M. [Charnise Antonia M.], 111 A.D.3d 473, 975 N.Y.S.2d 387 [1st Dept. 2013], lv denied 22 N.Y.3d 864, 986 N.Y.S.2d 18, 9 N.E.3d 368 [2014] ).

The finding of permanent neglect against the mother is supported by clear and convincing evidence (see Social Services Law § 384–b[7][a];  [3][g][i] ) establishing that the agency made diligent efforts to encourage and strengthen the parental relationship, including formulating a service plan, making referrals for services, and facilitating visitation, and that, despite these efforts, the mother failed to plan for the child's future (see Social Services Law § 384–b[7][f];  see e.g. Matter of Isaac A.F. [Crystal F.], 133 A.D.3d 515, 21 N.Y.S.3d 203 [1st Dept. 2015], lv denied 27 N.Y.3d 901, 2016 WL 1202781 [2016] ).  Indeed, in around 2013, the mother advised the agency that she no longer wished to plan for the child's return to her care (see Matter of Byron Christopher Malik J., 309 A.D.2d 669, 765 N.Y.S.2d 874 [1st Dept. 2003] ), and that she wished the child to be cared for by the father, whom the child had never met and who was unknown to the agency.

The determination that the child's best interests require termination of the mother's parental rights is supported by the record (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] ).  The foster home is the only home the child has known.  She is loved and well-cared for and wishes to remain there.  Under the circumstances, the child deserves permanency (see Matter of Charles Jahmel M. [Charles E. M.], 124 A.D.3d 496, 497, 2 N.Y.S.3d 98 [1st Dept. 2015], lv denied 25 N.Y.3d 905, 2015 WL 2105786 [2015] ).  To the extent the mother seeks a suspended judgment so that the agency can plan for the child's discharge to the father, the record fails to suggest that the father, who has never participated in the child's care, plans to do so.  A suspended judgment would serve only to prolong the child's lack of permanency (see Matter of Matthew Louis S. [Raymond R.], 150 A.D.3d 430, 431, 51 N.Y.S.3d 410 [1st Dept. 2017], lv denied 29 N.Y.3d 913, 2017 WL 2752490 [2017] ).

We have considered the mother's remaining arguments and find them unavailing.