In re Kellcie NN.
Opinion of the Court
Appeal from an order of the Family Court of Tompkins County (Rowley, J.), entered July 16, 2010, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s children to be permanently neglected, and terminated respondent’s parental rights.
Respondent is the mother of Kellcie NN. (born in 2006) and Keaniannin OO. (born in 2008). Shortly after Keaniannin’s birth, it was discovered that respondent had, on more than one occasion, left the children alone in her apartment while a neighbor purportedly monitored them through a baby monitor. As a result, petitioner removed the children from respondent’s care and placed them in foster care, where they remain today. In December 2009, petitioner initiated this permanent neglect proceeding against respondent seeking to terminate her parental rights. Respondent consented to a finding of permanent neglect and, following a dispositional hearing, Family Court determined that it would be in the children’s best interests to terminate respondent’s parental rights and free them for adoption. Respondent now appeals.
Here, according deference to Family Court’s choice of dispositional alternatives (see Matter of Raine QQ., 51 AD3d 1106, 1106 [2008], lv denied 10 NY3d 717 [2008]; Matter of James X., 37 AD3d 1003, 1007 [2007]; Matter of Arianna OO., 29 AD3d 1117, 1118 [2006]), we find no basis upon which to disturb its conclusion that the children’s best interests would not be served by granting respondent the second chance provided by a suspended judgment. Respondent was incarcerated for much of the time of the children’s placement and, following her release, was arrested on three more occasions. Despite some recent progress by respondent, the hearing testimony established that she has a general distrust for petitioner and its caseworkers, has a history of arguing with service providers and professionals, and continues to blame others for the children’s removal. She has repeatedly threatened and harassed the foster parents, resulting in the issuance of a stay away order of protection in their favor. Her inappropriate behavior during visits with Kellcie resulted in the suspension of visitation with that child, whom she had not seen for more than a year as of the dispositional hearing. Moreover, while attempting to regain custody, respondent had engaged in romantic relationships with individuals with troubled histories, including a man who was convicted of assault after breaking his own child’s arm. The licensed psychologist who evaluated respondent testified that she has tendencies towards unlawful behavior and exhibits poor and impulsive judgment, and opined that the children should not be returned to her care until the deficiencies in her parenting skills are rectified and she is able to demonstrate a prolonged period of stability in her emotional and social functioning.
Furthermore, at the time of the hearing, the children had
Mercure, J.P., Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the order is affirmed, without costs.
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