At page 524 Affirming termination of parental rights following permanent neglect2 citing casesOrder of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 12, 2009, which, insofar as appealed from, following a…
- Matter of Heaveah-Nise Stephania Jannah H. (Stephanie M.), 132 A.D.3d 458 (N.Y. App. Div. 1st Dep't 2015).publishedThe finding of permanent neglect is supported by clear and convincing evidence that despite the agency’s scheduling of visits, provision of referrals for services, and other diligent efforts to strengthen the parental relationship, the mot…
- Matter of Autumn P. (Alisa R.), 129 A.D.3d 519 (N.Y. App. Div. 1st Dep't 2015).publishedThe finding of permanent neglect is supported by clear and convincing evidence (see Social Services Law § 384-b [7] [a]) that the agency made diligent efforts to strengthen the parental relationship by scheduling visitation, providing refe…
At page 525 Determining termination of parental rights based on noncompliance2 citing casesencourage respondent’s compliance with a meaningful service plan, respondent, inter alia, failed to complete a mental health evaluation or course of therapy…
- In re Clayton T., 95 A.D.3d 562 (N.Y. App. Div. 1st Dep't 2012).publishedFurther, the finding of permanent neglect was supported by clear and convincing evidence that, despite the agency’s diligent efforts, the mother had failed to obtain housing, complete anger management or therapy, and gain insight into the…
- In re Julianna Victoria S., 89 A.D.3d 490 (N.Y. App. Div. 1st Dep't 2011).publishedTo the extent the father attended therapy sessions, there is no evidence that he gained insight or otherwise benefitted from them (see Matter of Alexander B. [Myra R.], 70 AD3d 524, 525 [2010], lv denied 14 NY3d 713 [2010]).
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 12, 2009, which, insofar as appealed from, following a fact-finding determination of permanent neglect, terminated respondent mother’s parental rights to the subject child and committed the child’s guardianship and custody to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence that despite the agency’s scheduling of frequent service plan reviews and conferences, provision of referrals for mental health services, and other diligent efforts to[*525] encourage respondent’s compliance with a meaningful service plan, respondent, inter alia, failed to complete a mental health evaluation or course of therapy (see Matter of Racquel Olivia M., 37 AD3d 279 [2007], lv denied 8 NY3d 812 [2007]; Matter of Gina Rachel L., 44 AD3d 367 [2007]; Matter of Lady Justice I., 50 AD3d 425 [2008]), and failed to gain insight into the reasons for the child’s placement (see Matter of Nathaniel T., 67 NY2d 838, 841-842 [1986]). A preponderance of the evidence shows that the child is thriving in his foster home, where he lives with his biological sister, and that it is otherwise in his best interests to terminate respondent’s parental rights (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). Concur—Friedman, J.P., Sweeny, Nardelli and Freedman, JJ.