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IN RE: ANGEL A. (Anonymous). New York Foundling Hospital, petitioner-respondent, et al., respondent; Jasmine N., appellant.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from so much of an order of fact-finding and disposition of the Family Court, Richmond County (McElrath, J.), entered March 6, 2006, as, after fact-finding and dispositional hearings, found that she permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the child to the New York Foundling Hospital for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The agency demonstrated by clear and convincing evidence that it exercised diligent efforts to encourage and strengthen the relationship between the mother and the child (see Matter of Jamie M., 63 N.Y.2d 388, 390, 482 N.Y.S.2d 461, 472 N.E.2d 311). The agency scheduled numerous visits with the child, held semi-annual service plan review meetings, referred the mother to drug treatment programs, and assisted her in finding suitable housing (see Matter of Star Leslie W., 63 N.Y.2d 136, 143, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Leah Tanisha A.-N., 48 A.D.3d 801, 853 N.Y.S.2d 145 [decided herewith]; Matter of Deajah Shabri T., 44 A.D.3d 1060, 844 N.Y.S.2d 410; Matter of Olivia F., 34 A.D.3d 234, 823 N.Y.S.2d 393). However, the mother failed to plan for the future of the child because she failed to complete a drug rehabilitation program and did not obtain suitable housing (see Matter of Leah Tanisha A.-N., 48 A.D.3d 801, 853 N.Y.S.2d 145 [decided herewith]; Matter of Leon G., 7 A.D.3d 524, 776 N.Y.S.2d 77; Matter of Ronell Dashawn P., 296 A.D.2d 502, 745 N.Y.S.2d 484; Matter of Maldrina R., 219 A.D.2d 723, 631 N.Y.S.2d 742). Accordingly, the Family Court properly found that the mother permanently neglected the child.
Moreover, the Family Court properly determined that it was in the best interest of the child to be placed for adoption (see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of “Baby Boy” E., 42 A.D.3d 536, 840 N.Y.S.2d 130).
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Decided: February 26, 2008
Court: Supreme Court, Appellate Division, Second Department, New York.
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Get help with your legal needs
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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