In re Jordan ZZ.
Opinion of the Court
Appeals (1) from an order of the Family Court of Ulster County (Work, J.), entered February 20, 2001, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s child to be permanently neglected, and terminated respondent’s parental rights, and (2) from two orders of said court, entered February 20, 2001, which granted petitioner’s applications, in two proceedings pursuant to Social Services Law § 392, to approve the foster care status of respondent’s children.
Respondent is the father of Corey, born in 1997, and Jordan,
In February 2000, petitioner filed a petition alleging that Jordan was a permanently neglected child because respondent failed to complete a court-ordered drug treatment program, failed to refrain from the use of illegal substances and failed to complete court-ordered parent training. Following a fact-finding hearing, Family Court adjudged Jordan to be permanently neglected and, at the dispositional hearing, terminated respondent’s parental rights. On February 20, 2001, Family Court issued orders approving and continuing the foster care status of both children, the permanency plan for both children and, based on the dispositional hearing held on November 14, 2000, adjudicated Jordan to be a permanently neglected child, transferring guardianship and custody to petitioner. Respondent appeals from each of Family Court’s orders issued on February 20, 2001.
We affirm. Initially, we note that respondent failed to appeal either the order adjudging Corey to be a permanently neglected child or the dispositional order which terminated his parental rights because of his failure to satisfy the conditions of the suspended judgment (see, Family Ct Act § 1113).. Therefore, we lack jurisdiction to review the foregoing determinations (see, Matter of Yamoussa M., 220 AD2d 138, 142). Thus, the only order involving Corey properly before us is Family Court’s order approving and continuing his foster care status and the permanency plan prepared by petitioner. Respondent, in his brief, fails to address any claim of error with respect thereto and has thus abandoned any challenge to this order (see, First Natl. Bank of Amenia v Mountain Food Enters., 159 AD2d 900, 901).
We next turn to the issues presented by respondent concerning the adjudication of Jordan as a permanently neglected child, the termination of respondent’s parental rights, the transfer of guardianship to petitioner and the freeing of Jordan
This record establishes that respondent failed to successfully complete the substance abuse program, continued the regular use of marihuana, refused to undergo neuropsychological evaluation, failed to enroll in and complete an anger management program and, in general, failed to take affirmative steps to overcome the impediments to the return of the child. Moreover, since respondent chose not to testify, the evidence submitted by petitioner is uncontroverted and establishes clearly that it met its initial statutory obligation and proves, by clear and convincing evidence, that respondent failed for more than a one-year period to plan for the future of the child, although possessed with the physical and financial means to do so (see, Social Services Law § 384-b [7] [a]; Matter of Joseph ZZ., 245 AD2d 881, 883, lv denied 91 NY2d 810; see also, Matter of Amoretta V., 227 AD2d 879, lv dismissed 89 NY2d 935).
Lastly, we reject respondent’s contention that the evidence failed to establish that the best interest of the child required termination of respondent’s parental rights. Rather than cooperating with petitioner to remove the barriers to the establishment of a parent-child relationship, respondent has consistently thwarted its efforts. Jordan has been continuously in the care and custody of his foster parents since he was two days old and they are desirous of adopting him and relocating to Arizona. The evidence establishes this to be in Jordan’s best interest.
Mercure, J.P., Crew III, Rose and Lahtinen, JJ., concur. Ordered that the orders are affirmed, without costs.
The mother surrendered both children to petitioner for adoption conditioned upon a determination of respondent’s parental rights.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.