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: FATIMA G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Illini G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Jami G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Kadijah G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) In the Matter of Khiliil G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Marretta G. (Anonymous), appellant, et al., respondent. (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 mother appeals, as limited by her 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 her 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 mother's contention, the evidence presented at the fact-finding hearing established, by the requisite clear and convincing standard of proof, that she permanently neglected her children by continuing to abuse drugs following the children's removal from her 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). Notwithstanding the diligent efforts of the Suffolk County Department of Social Services to help reunite the family, the mother refused to cooperate with rehabilitation programs, and admitted to continued drug use. By her actions, the mother failed to plan for her 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 mother'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). Moreover, although the mother successfully completed a parenting class and had entered a substance abuse rehabilitation program at the time of trial, these limited rehabilitative efforts were not sufficient to warrant a suspended judgment (see Matter of Olivia Susan C., 2 A.D.3d 441, 767 N.Y.S.2d 798).
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: July 14, 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)