In re Cory N.
Opinion of the Court
Appeal from an order of the Family Court of Rensselaer County (Cholakis, J.), entered June 29, 2012, which granted petitioner’s applications, in three proceedings 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 three children, Jason N, Kyle N. and Cory N., born in 2007, 2008 and 2009, respectively. In August 2009, the two older children were removed and voluntarily placed in foster care after respondent, pregnant with Cory, was found highly intoxicated and threatening to kill herself. Respondent consented to a Family Court finding of neglect as to the two older children and was placed under a one-year order of supervision. After Cory was born in December 2009 and tested positive for cocaine, he was protectively removed. Respondent admitted to prenatal use of cocaine and Family Court adjudicated Cory to be neglected. In August 2011, after the older children had been in foster care for over two years, and Cory for over 18 months since birth, petitioner commenced these proceedings alleging that respondent had permanently neglected all three children, who continued to reside in the same preadoptive foster home. Prior to the fact-finding hearing, the parental rights of the children’s father were terminated. After the fact-finding hearing, Family Court adjudicated the children to be permanently neglected and, following a dispositional hearing, respondent’s parental rights were terminated, freeing them for adoption. Respondent appeals, and we affirm.
We are not persuaded by respondent’s contention that petitioner failed to make diligent efforts to reunite her with her children as required by Social Services Law § 384-b (7) (a) (see Matter of Star Leslie W., 63 NY2d 136, 142 [1984]). The testimony and evidence adduced at the fact-finding hearing convincingly demonstrated that petitioner made “affirmative, repeated and meaningful efforts to restore the parent-child relationship[s]” (Matter of Alycia P., 24 AD3d 1119, 1120 [2005]). Petitioner provided a vast array of services to respondent, including supervised visitation and assistance with the children
Likewise, petitioner established that despite its diligent efforts, respondent did not substantially plan for the future of the children in that she failed to “take meaningful steps to correct the conditions that led to the children’s] removal” (Matter of Tatianna K. [Claude U.], 79 AD3d 1184, 1186 [2010]; see Matter of Nathaniel T., 67 NY2d 838, 840 [1986]; Matter of Summer G. [Amy F.], 93 AD3d at 961). “A parent plans for the future by utilizing available medical, social and psychological services as needed and providing a stable and adequate home environment” (Matter of Tatianna K. [Claude U.], 79 AD3d at 1185; see Matter of Gregory B., 74 NY2d 77, 87 [1989]; Matter of Star Leslie W., 63 NY2d at 142-143). Respondent failed over the course of 2V2 years to obtain adequate and stable housing appropriate for a family of four with three young children; as of the February 2012 hearing, she continued to temporarily reside at the YWCA in a small one bedroom apartment, had no plans to obtain a larger, more permanent apartment, and had declined caseworker assistance in pursuing alternate housing. She had been
Respondent’s completion of programs and utilization of required services were not sufficient where, as here, “there was no real change in her ability to care for her child[ren] or to adequately provide for [their] future” (Matter of Joseph ZZ., 245 AD2d 881, 883 [1997], lv denied 91 NY2d 810 [1998]), and the record reflects that, despite over 2V2 years of efforts and assistance, respondent made “[in]sufficient progress for the children to return home safely” (Matter of Nicole K. [Melissa K.], 85 AD3d at 1233). Thus, the record amply supports the conclusion that respondent failed to plan for the children’s future by “tak[ing] such steps as may be necessary to provide an adequate, stable home and parental care for the child[ren]” (Social Services Law § 384-b [7] [c]; see Matter of Star Leslie W., 63 NY2d at 143); as such, permanent neglect was established by clear and convincing evidence (see Social Services Law § 384-b [3] [g] [i]; [4] [d]; [7] [a]).
Finally, according deference to Family Court’s findings and choices among dispositional alternatives, we discern no grounds upon which to disturb the court’s determination to terminate her parental rights and free the children for adoption by their long-term foster parents, based upon the best interests of the children (see Family Ct Act § 631; Matter of Summer G. [Amy F.], 93 AD3d at 962; Matter of Marquise JJ. [Jamie KK.], 91 AD3d 1137 [2012], lv denied 19 NY3d 801 [2012]). The record did not support the conclusion that it would be in the children’s best interests to give respondent a second chance to demonstrate her ability to be a fit parent by a suspended judgment, particularly given the substantial time they have already spent in foster care and the lack of any appreciable progress by respondent in developing the skills and stability necessary to resume parenting them (see Matter of Isaiah F., 55 AD3d at 1006-1007). The children have bonded with their foster parents,
Peters, EJ., McCarthy and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.