Matter of Samantha C. (Carmen N.)

 

2003 NYSlipOp 13974

 

Decided on May 8, 2003

 

Appellate Division, First Department

 

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

 

In re Guardianship, etc., Samantha C., etc., A Dependent Child Under the Age of Eighteen Years, etc.,

and

Carmen N., etc., et al., Respondents-Appellants, Saint Dominic's Home, Petitioner-Respondent.


Marcia Egger
Randall Carmel
George E. Reed, Jr.
Ira L. Eras

Order of disposition, Family Court, Bronx County (Allen Alpert, J.), entered on or about March 1, 2002, which, upon findings of permanent neglect, terminated the respondents' parental rights with respect to the subject child and committed custody and guardianship of the child to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence, including the testimony of the caseworker assigned to the case during the statutorily relevant period and petitioner agency's case record, supports Family Court's finding that, respondents, by failing to attend a therapeutic program whose completion was deemed essential to their resumption of custodial parenting responsibilities, failed to plan for, and thus permanently neglected, the child (see Social Services Law 384-b[7]; Matter of Nathaniel T., 67 NY2d 838, 840). Respondents' denial of their need for therapeutic intervention rendered the agency's diligent efforts unavailing (see Matter of Sheila G., 61 NY2d 368, 385).

There was ample support for Family Court's finding that termination of respondents' parental rights so as to facilitate the adoptive process was in the child's best interests (see Matter of Star Leslie W., 63 NY2d 136, 147-148).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 8, 2003

CLERK

 

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