IN RE: SORIN P. (Anonymous). (2009)

In a proceeding to terminate parental rights pursuant to Social Services Law 384-b, the parents separately appeal from an order of fact-finding and disposition of the Family Court, Queens County (Richroath, J.), entered January 14, 2008, which, after fact-finding and dispositional hearings, found that the subject child was permanently neglected, terminated their respective parental rights, and transferred guardianship and custody of the subject child to the Commissioner of Social Services of the City of New York for purposes of adoption.

ORDERED that the order is affirmed, without costs or disbursements.

In a proceeding to terminate parental rights based on permanent neglect, the petitioner must establish as a threshold matter that it made diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384-b[7][a];  Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824;  Matter of Sheila G., 61 N.Y.2d 368, 383, 474 N.Y.S.2d 421, 462 N.E.2d 1139;  Matter of Michelle Rennee H., 48 A.D.3d 684, 850 N.Y.S.2d 918;  Matter of Amy B., 37 A.D.3d 600, 830 N.Y.S.2d 294;  Matter of Chimere C., 259 A.D.2d 615, 686 N.Y.S.2d 775;  cf., Matter of Little Flower Children's Servs. v. Selena Maria W., 253 A.D.2d 556, 557, 677 N.Y.S.2d 169).   The petitioner is obligated to accommodate a parent's special needs, including use of a language other than English (see Matter of Nicole Lina C., 269 A.D.2d 239, 704 N.Y.S.2d 24;  cf. Matter of Richard W., 265 A.D.2d 685, 696 N.Y.S.2d 298).

 At the fact-finding hearing, the petitioner showed that it exercised diligent efforts by evidence that it provided services to the parents, including individual and family counseling, arranging for visitation, and providing transportation to visitation.   The petitioner also provided the services of an interpreter for the Romanian-speaking parents, and referred them to classes dealing with parenting skills, as well as domestic, alcohol, and sexual abuse.   Although the parents attended therapy and participated in parental skills training, their testimony and that of their therapists demonstrated that they never acknowledged their responsibility for the behavior that led to the subject child's placement in foster care.   Instead, the parents continued to blame the petitioner for the child's emotional and medical problems.   The evidence established the parents' permanent neglect despite the agency's efforts (see Matter of Shaquill Dywon M., 50 A.D.3d 1142, 856 N.Y.S.2d 670;  Matter of Ailayah Shawneque L., 40 A.D.3d 1097, 838 N.Y.S.2d 102;  Matter of James X., 37 A.D.3d 1003, 830 N.Y.S.2d 608;  Matter of Jennifer R., 29 A.D.3d 1005, 817 N.Y.S.2d 309).

 In freeing the child for adoption, the court properly considered the best interests of the child, including the fact that he had spent more than nine years, substantially all of his life, in foster care (see Matter of Daevon Lamar P., 48 A.D.3d 469, 470, 849 N.Y.S.2d 806;  Matter of Jennifer R., 29 A.D.3d 1005, 817 N.Y.S.2d 309;  Matter of Kianna Maria L., 26 A.D.3d 166, 808 N.Y.S.2d 677;  Matter of Commissioner of Social Servs. of City of N.Y. v. Leona W., 192 A.D.2d 602, 603, 596 N.Y.S.2d 141).