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IN RE: FATIMA G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), respondent; John G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Illini G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), respondent; John G. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jami G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), respondent; John G. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Kadijah G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), respondent; John G. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Khiliil G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), respondent; John G. (Anonymous), appellant. (Proceeding No. 5).
In five related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), entered July 15, 2008, as, upon a decision dated July 7, 2008, and after fact-finding and dispositional hearings, terminated his parental rights and transferred custody and guardianship of the subject children to the petitioner for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the father's contention, the evidence presented at the fact-finding hearing established, by the requisite clear and convincing standard of proof, that he permanently neglected his children by continuing to abuse drugs following the children's removal from his custody and by failing to complete, inter alia, the court mandated drug treatment program (see Social Services Law § 384-b; see Matter of Jordan F. v. Bradley F., 62 A.D.3d 698, 879 N.Y.S.2d 499; Matter of Egypt K., 59 A.D.3d 623, 873 N.Y.S.2d 707; Matter of Christopher A.R., 57 A.D.3d 789, 790, 870 N.Y.S.2d 397; Matter of Laura F., 48 A.D.3d 812, 852 N.Y.S.2d 388; Matter of Sarah Jean R., 290 A.D.2d 511, 512, 736 N.Y.S.2d 410). Despite the diligent efforts of the Suffolk County Department of Social Services to help reunite the family, the father refused to address his drug abuse and cooperate with rehabilitation programs. Thus, the father failed to plan for his children's return (see Matter of Jordan F. v. Bradley F., 62 A.D.3d 698, 879 N.Y.S.2d 499; Matter of Egypt K., 59 A.D.3d 623, 873 N.Y.S.2d 707; Matter of Christopher A.R., 57 A.D.3d at 790, 870 N.Y.S.2d 397; Matter of Laura F., 48 A.D.3d 812, 852 N.Y.S.2d 388; Matter of Sarah Jean R., 290 A.D.2d 511, 512, 736 N.Y.S.2d 410). The best interests of the children were served by terminating the father's parental rights and freeing the children for adoption (see Matter of Jordan F. v. Bradley F., 62 A.D.3d 698, 879 N.Y.S.2d 499; Matter of Egypt K., 59 A.D.3d 623, 873 N.Y.S.2d 707; Matter of David O.C., 57 A.D.3d 775, 776, 870 N.Y.S.2d 389; Matter of Jamaorqui R. B., 56 A.D.3d 465, 466, 867 N.Y.S.2d 488).
The father's remaining contention is without merit.
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Decided: July 14, 2009
Court: Supreme Court, Appellate Division, Second Department, New York.
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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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