IN RE: Tarmara F.J. (Anonymous)

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

IN RE: Tarmara F.J. (Anonymous), also known as Tamara J. (Anonymous).  New York Foundling Hospital, respondent;  Jaineen J. (Anonymous), appellant.  (Proceeding No. 1) In the Matter of Benjamin W.J. (Anonymous).  New York Foundling Hospital, respondent;  Jaineen J. (Anonymous), appellant.  (Proceeding No. 2)

2012–01916 2012–02915 (Docket Nos. B–18713/08, B–18714/08)

Decided: July 03, 2013

REINALDO E. RIVERA, J.P. PETER B. SKELOS CHERYL E. CHAMBERS LEONARD B. AUSTIN, JJ. Matthew M. Lupoli, Flushing, N.Y., for appellant. Quinlan and Fields, Hawthorne, N.Y. (Daniel Gartenstein and Jeremiah Quinlan of counsel), for respondent.

Submitted—May 30, 2013

DECISION & ORDER

Steven Banks, New York, N.Y. (Judith D. Waksberg and Proskauer Rose LLP [Susan Friedfel and Andrea G. Miller], of counsel), attorney for the children.

In two related proceedings pursuant to Social Services Law § 384–b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals from two orders of fact-finding and disposition of the Family Court, Queens County (Salinitro, J.) (one as to each child), both dated February 3, 2012, which, after fact-finding and dispositional hearings, found that she permanently neglected the subject children, terminated her parental rights, and transferred guardianship and custody of the children to the New York Foundling Hospital for the purpose of adoption.

ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements.

The petitioner agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the relationship between the mother and the subject children by meeting with the mother to review her service plan, discussing the importance of compliance, providing referrals for drug testing and housing, and scheduling visitation between the mother and the subject children (see Matter of Star Leslie W., 63 N.Y.2d 136, 142;  Matter of Beyonce H. [Baranaca H.], 85 AD3d 1168, 1169;  Matter of John M. [Raymond K.], 82 AD3d 1100).   Despite these efforts, the mother failed to plan for the future of the children (see Social Services Law § 384–b[7] [c];  Matter of Beyonce H. [Baranaca H.], 85 AD3d 1168, 1169;  Matter of John M. [Raymond K.], 82 AD3d at 1100).   The mother's partial compliance with the service plan was insufficient to preclude a finding of permanent neglect (see Matter of “Female” C., 55 AD3d 603, 604;  Matter of Robert David L., 7 AD3d 529, 530;  Matter of Shane Anthony P., 307 A.D.2d 297).   Furthermore, the Family Court correctly determined that it would be in the children's best interests to terminate the mother's parental rights and free the children for adoption (see Matter of Daevon Lamar P., 48 AD3d 469, 470;  Matter of Tynell S., 43 AD3d 1171, 1173).

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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