IN RE: NOELIA T. (Anonymous).

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

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).

Decided: April 28, 2009

A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, ANITA R. FLORIO, and ARIEL E. BELEN, JJ. Lewis S. Calderon, Jamaica, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCO Family of Services. Steven Banks, New York, N.Y. (Judith Waksberg and Proskauer Rose, LLP, New York, N.Y. [Rebecca L. Ambrose and Allison E. Meyer], of counsel), attorney for the children.

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).

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