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