In re Jonathan M.
Matter of Jonathan M. v Janine M.
2005 NY Slip Op 05004
Decided on
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
Tom, J.P., Andrias, Ellerin, Nardelli, Sweeny, JJ.
6119
[*1]In re Jonathan M., A Dependent Child Under the Age of
Eighteen Years, etc.,
and
Janine M., Respondent-Appellant, Joseph M., Respondent, The Children's Village, Petitioner-Respondent.
George E. Reed, Jr.,
Rosin & Reiniger,
counsel), for respondent.
Steven Banks, The Legal Aid
Society,
of counsel), Law Guardian.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about February 24, 2004, after
a fact-finding determination of permanent neglect, which terminated respondent
mother's parental rights to the subject child and transferred his 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 record shows that the agency developed a realistic plan
tailored to the mother's needs, involving maintaining close contact with the
child, referrals to various parenting skills and counseling programs, and
scheduling of visitation, all of which satisfied its obligation to make
diligent efforts to encourage and strengthen the parental relationship (see
Matter of Galeann F., 11 AD3d 255 [2004], lv denied 4 NY3d 703 [2005]; Matter of Byron Christopher Malik J., 309 AD2d 669 [2003]). The record further shows
that the mother's sporadic and inconsistent visitation precluded any chance of
developing a close relationship with this child who had been in foster care
since the age of one month (see Matter of Vincent Anthony C., 235 AD2d 283
[1997]), and that this, by itself, constituted permanent neglect (see Matter of
Emily A., 216 AD2d 124 [1955]).
For the reasons stated by the Family Court, it is clearly in
the child's best interest to be [*2]freed for adoption by his foster mother,
with whom he has lived almost since birth and who has provided a stable and
nurturing home (see Matter of Martin P.J.S., 2 AD3d 106 [2003]).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK