IN RE: Aiden N.S.G. (Anonymous). (2023)

DECISION & ORDER

In related proceedings pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother appeals from two orders of disposition of the Family Court, Richmond County (Alison Hamanjian, J.) (one as to each child), both dated August 10, 2022.  The orders of disposition, insofar as appealed from, after fact-finding and dispositional hearings, and upon an order of fact-finding of the same court dated January 31, 2022, terminated the mother's parental rights and transferred guardianship and custody of the subject children to the petitioner and the Commissioner of the Administration for Children's Services of the City of New York for the purpose of adoption.

ORDERED that the orders of disposition are affirmed insofar as appealed from, without costs or disbursements.

The petitioner commenced these proceedings pursuant to Social Services Law § 384–b to terminate the mother's parental rights to the subject children on the ground of permanent neglect.  After fact-finding and dispositional hearings, the Family Court found that the mother had permanently neglected the children, terminated her parental rights, and transferred custody and guardianship of the children to the petitioner and the Commissioner of the Administration for Children's Services of the City of New York for the purpose of adoption.  The mother appeals.

The Family Court properly found that the mother permanently neglected the children.  The petitioner established, by clear and convincing evidence, that it made diligent efforts to encourage and strengthen the parental relationship by issuing numerous referrals for the mother to submit to drug testing, referring the mother to an inpatient drug treatment program, and repeatedly reminding her of the importance of complying with her service plan (see id. § 384–b[7][a];  Matter of Hailey ZZ. [Ricky ZZ.], 19 N.Y.3d 422, 429, 948 N.Y.S.2d 846, 972 N.E.2d 87).  Despite these efforts, the mother failed to plan for the children's future by failing to comply with the overwhelming majority of drug testing referrals and failing to enroll in inpatient treatment.  Moreover, the mother tested positive for illegal drugs twice.  She also failed to stay in regular contact with the designated caseworker, and to notify the petitioner of changes in her residence (see Matter of Jacqueline E.S.B. [Daniel B.], 160 A.D.3d 828, 829, 74 N.Y.S.3d 612;  Matter of Laura F., 48 A.D.3d 812, 812, 852 N.Y.S.2d 388).

The Family Court also properly determined that it was in the best interests of the children to terminate the mother's parental rights and to free the children for adoption (see Family Ct Act § 631;  Matter of Hailey ZZ. [Ricky ZZ.], 19 N.Y.3d at 430–431, 948 N.Y.S.2d 846, 972 N.E.2d 87).

DILLON, J.P., BARROS, WOOTEN and VOUTSINAS, JJ., concur.