In re Nicole OO.
Opinion of the Court
Appeal from an order of the Family Court of Delaware County (Estes, J.), entered January 21, 1998, which, in a proceeding pursuant to Social Services Law § 384-b, inter alia, revoked a prior order of disposition.
In April 1996, respondent, the mother of two children who have resided in foster care since 1993, was charged with permanent neglect by petitioner. At the conclusion of a fact-finding hearing, Family Court determined that respondent permanently neglected her children. Judgment was suspended for one year on the condition that respondent abide by certain terms and conditions, inter alia, that respondent participate in mental health therapy with the children, meet regularly with a parent aide and caseworker to discuss structured activities and appropriate parenting techniques, maintain a stable and safe household, and continue to work on a progressive visitation schedule leading to extended visitation.
Upon arrival at respondent’s home to temporarily remove the children pending the outcome of the July 1997 amended petition, petitioner’s supervisor of foster care observed that the children were unkempt, their clothes were strewn throughout the apartment, and garbage and clutter had accumulated at the residence. Despite petitioner’s continued endeavors to provide assistance to respondent, the evidence showed that she failed to notify petitioner of her whereabouts and refused to regularly meet with her counselors or to otherwise avail herself of the services offered by petitioner. Petitioner also claimed that respondent neglected to adequately complete her job search book.
Family Court, based on its finding that respondent failed to comply with the terms and conditions of the suspended judgment, revoked the suspension and awarded custody of the children to petitioner. Respondent now appeals and we affirm.
A suspended judgment provides parents who have been adjudicated to have permanently neglected their children a pe
Here, the record demonstrates that respondent failed to comply with the conditions in the suspended judgment, notwithstanding petitioner’s repeated attempts to assist her. Not only did she conceal her whereabouts from petitioner and refuse to utilize services offered by petitioner, respondent neglected to regularly attend counseling, a condition of the suspended judgment. Respondent also intentionally withheld information regarding the existence of continued domestic violence, and after leaving the marital residence, failed to formulate a plan as to how she would provide a suitable and stable home environment for her children. We further note the Law Guardian advocated that no further extension of the suspended judgment should be issued in light of the domestic violence witnessed by the children and respondent’s failure to cooperate with petitioner.
According substantial deference to Family Court’s resolution of credibility issues (see, Matter of Jennifer T., supra, at 845), we conclude that a preponderance of evidence (see, Matter of Grace Q., supra, at 895) supports Family Court’s findings that respondent violated the suspended judgment, thereby warranting the revocation of the suspended judgment. Also, reviewing the entire record, we further find no basis to disturb Family Court’s determination that termination of respondent’s parental rights was in the best interests of the children (see, Matter of Ericka LL., supra, at 1038), especially in light of respondent’s voluntary admissions to allegations contained in the petition (see, Matter of Sharena C., 186 AD2d 249, 250).
Cardona, P. J., Mikoll, Crew III and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, without costs.
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