IN RE: Custody

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Supreme Court, Appellate Division, First Department, New York.

IN RE: Custody, etc., MIGUEL ANGEL ANDREW R., etc., et al., Children Under the Age of Eighteen Years, etc., St. Christopher-Ottilie, et al., Petitioners-Respondents, Maribel N., Respondent-Appellant.

Decided: July 01, 1999

SULLIVAN, J.P., NARDELLI, TOM, SAXE and FRIEDMAN, JJ. Marcia Egger, for Miguel Angel Andrew R. Ralph R. Carrieri, for Petitioners-Respondents. Jay A. Maller, for Respondent-Appellant.

Order of disposition, Family Court, Bronx County (Marjory Fields, J.), entered January 22, 1996, terminating respondent's parental rights to the subject children upon findings of permanent neglect, unanimously modified, on the law and the facts, to vacate the termination of respondent's parental rights and remand for further dispositional proceedings as to both children, and otherwise affirmed, without costs.

 The findings of permanent neglect are supported by clear and convincing evidence of respondent's failure to recognize and take responsibility for the problems that led to the children's foster care placement and to complete the various programs to which she was referred (see, Matter of Umer K., 257 A.D.2d 195, 690 N.Y.S.2d 248;  Matter of S. Children, 210 A.D.2d 175, 620 N.Y.S.2d 369, lv. denied 85 N.Y.2d 807, 628 N.Y.S.2d 50, 651 N.E.2d 918;  Matter of Wesley F., 190 A.D.2d 576, 593 N.Y.S.2d 520).   However, we disagree that termination of respondent's parental rights is the appropriate disposition as to either child, and remand for further dispositional proceedings.   With respect to the boy, as urged by the Law Guardian, termination would serve no useful purpose since he is now over 14 years old and must consent to adoption, to which he has expressed adamant opposition.   With respect to the girl, in view of her special needs and her current placement in a nonadoptive foster home, a further hearing might well shed light on whether the recent limited progress respondent exhibited at disposition has continued, and whether she is presently able to meet her daughter's substantial needs.


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