Learn About the Law
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.
IN RE: NOELIA T. (Anonymous). SCO Family of Services, et al., respondents; Felicia T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Keyson Bernardo T. (Anonymous), a/k/a Keyson T. (Anonymous). SCO Family of Services, et al., respondents; Felicia T. (Anonymous), appellant. (Proceeding No. 2).
In two 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 fact-finding and disposition of the Family Court, Kings County (Ruiz, J.) (one as to each child), both dated January 10, 2008, which, after fact-finding and dispositional hearings, found that she permanently neglected the subject children, terminated her parental rights, and committed the children to the custody and guardianship of the petitioners SCO Family of Services and the Commissioner of Social Services of the City of New York for the purpose of adoption.
ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements.
Contrary to the mother's contentions, the agency demonstrated by clear and convincing evidence that it exercised diligent efforts to encourage and strengthen the relationship between the mother and the children (see Matter of Jamie M., 63 N.Y.2d 388, 390, 482 N.Y.S.2d 461, 472 N.E.2d 311). The agency encouraged liberal visits with the children and referred the mother to drug treatment programs (see Matter of Leah Tanisha A.-N., 48 A.D.3d 801, 853 N.Y.S.2d 145; 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 children because she continued to abuse illegal drugs and failed to complete a drug rehabilitation program (see Matter of Leah Tanisha A.-N., 48 A.D.3d 801, 853 N.Y.S.2d 145; Matter of Leon G., 7 A.D.3d 524, 776 N.Y.S.2d 77; Matter of Rasheem Dayquan 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 children.
Moreover, the Family Court properly determined that it was in the best interests of the children 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).
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 28, 2009
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
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.
Search our directory by legal issue
Enter information in one or both fields (Required)