In re Jennifer S.

 

Matter of Jennifer S. v Elba R.

2009 NY Slip Op 03448

Decided on April 30, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

Decided on April 30, 2009

Gonzalez, P.J., Tom, Sweeny, Buckley, Acosta, JJ.

451

 

[*1]In re Jennifer S., A Dependant Child under the age of Eighteen Years, etc.

and

Elba R., Respondent-Appellant, mercyFirst, Petitioner-Respondent.

 

George E. Reed, Jr., White Plains, for appellant.

Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for

respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Claire

V. Merkine of counsel), Law Guardian.

 

 

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about November 14, 2007, which adjudicated the subject child permanently neglected, terminated respondent mother's parental rights, and committed custody and guardianship to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

 

The determination of permanent neglect is supported by clear and convincing evidence that respondent failed to plan for the child's future, despite diligent efforts by mercyFirst to encourage and strengthen the parental relationship (Social Services Law 384-b[7][a]). MercyFirst maintained frequent contact with respondent, ensured her participation in scheduled services, and facilitated her visits and contact with the child. Despite those meaningful agency efforts, respondent demonstrated a complete lack of insight regarding her parenting deficiencies and inability to provide the child with a safe and appropriate home (see Matter of Nathaniel T., 67 NY2d 838 [1986]). A preponderance of the evidence at the dispositional hearing supported the determination that the best interests of the child dictated termination of respondent's parental rights, to facilitate adoption by the child's foster mother, with whom she has developed a close [*2]relationship, and who has tended to her behavioral and developmental needs (see Matter of Taaliyah Simone S.D., 28 AD3d 371 [2006]).

 

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

 

ENTERED: APRIL 30, 2009

 

CLERK

 

 

 

 

 

 

 

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