Matter of Jessica U. (Stephanie U.)
Respondent is the biological mother of six children born between 2000 and 2014: Jessica U. (born in 2000), Justine U. (born in 2005), Jacobryan U. (born in 2007), Julie U. (born in 2009), Jamal U. (born in 2011) and Jaylah U. (born in 2014).1 Respondent, who has been involved with petitioner since the birth of the oldest child in 2000 and more intensively since 2011, consented to findings of neglect as to the five oldest children in 2011, including Jamal after he was born in 2011. Thе children were removed from respondent‘s care and custody and gradually transitioned back to residing with respondent in 2012 but, in early 2013, were again removed and placed in petitioner‘s care pursuant to an amended neglect petition; the children, with the exception оf the oldest, have remained in petitioner‘s care and custody since 2013. In 2014, after the birth of Jaylah, a finding of derivative neglect was made as to her. Petitioner commenced this permanent neglect proceeding
In December 2015, following a lengthy fact-finding hearing, Family Court returned the oldest child, then age 15, to respondent‘s care and made findings of permanent neglect as to the other five сhildren. After a dispositional hearing, the court ordered a one-year suspended judgment with respect to Justine and Jacobryan,3 terminated respondent‘s parental rights as to the three youngest children—Julie, Jamal and Jaylah—and issued orders of protection that barred resрondent from contacting them. Respondent now appeals, challenging the finding of permanent neglect as to the five children and the termination of parental rights as to the three youngest children.
Contrary to respondent‘s claims, petitioner demonstrated that it made diligent efforts to address her many problems that led to the children‘s removal, and to encourage and strengthen their relationships. Indeed, as Family Court aptly noted, petitioner offered an “astounding” arrаy of services dating back to 2011 (and earlier) and during the year preceding this petition, including numerous referrals for mental health and family counseling, a variety of parenting classes addressing skills with regard to different aged children and their behavioral problems and regular visitation assistance. Respondent was supplied with multiple forms of transportation support, and petitioner arranged assistance with housing, household management, phone service, school enrollment and obtaining medical care, as well as medication management and safety and fire prevention plans and support. Household cleaning and safety training, psychological testing, protective parenting programs and domestic violence training were made available. Respondent received training to support her need to co-parent with foster parents and to build her skills to ensure that inappropriate persons were not in the home, and was provided day care referrals, respite care, counseling after violent altercations with the oldest child and communication building assistance. Respondent was also afforded special programs to address the serious behavioral and emotional problems of several of the children, and sometimes refused to sign the necessary consent forms for their treatment or medication. Testimony was offered by caseworkers, social workers, program providers, visitation supervisors, court-appointed special advocates, family counselors and mental health service providers, all establishing that respondent was repeatedly offered abundant services, supрort, education and programs to address her parental shortcomings and the needs of her children.
The record reflects that virtually every aspect of respondent‘s parenting, household and children‘s problems was addressed using a variety of approaches, programs and providers that were appropriately tailored to her needs and circumstances. While respondent did not appreciably benefit from or meaningfully improve following these efforts, petitioner was obligated to “only make reasonable efforts, аnd it will be deemed to have fulfilled its obligation if appropriate services
We are similarly unpersuaded by respondent‘s argument that petitioner never proved that she failed to plan for the future of her children (see
In the end, the myriad, serious problems that caused the removal of the children—such as the unsafe and chaotic home environment, her inability to appropriately parent and nurture the children, her nоncompliance and lack of cooperation, her failure to learn how to manage the children and her household as well as her inability or unwillingness to accept responsibility for her children or her own detrimental, unstable behavior and to modify it—remained and had nоt substantially or meaningfully improved. Due to this failure to plan or progress and the ongoing concerns about the safety and well-being of the children, respondent never graduated from supervised visitation to unsupervised with any of the five younger children. While respondent offered a plan to regain custody of all of her children, it was woefully inadequate and unrealistic given her lack of progress and the children‘s acute needs. Contrary to her contention on appeal, Family Court properly cited a 2013 psychological report in the court filеs indicating that respondent‘s “mental health issues are the largest influence on her functioning, including poor judgment, poor interpersonal relationships, and inability to modulate her emotions.” Notably, the court did not base its decision on this report, but appropriately took it intо consideration given respondent‘s refusal to submit to a psychological evaluation or consider proposed treatment until the eve of the dispositional hearing. In short, the record supports the conclusion that respondent failed to benefit from the servicеs provided to her or to address the issues that caused the children‘s removal and, thus, that she failed to plan for their future (see Matter of Alexander Z. [Jimmy Z.], 149 AD3d at 1179; Matter of Aniya L. [Samantha L.], 124 AD3d at 1005). As the court‘s determination adjudicating the five younger children (Justine, Jacobryan, Julie, Jamal and Jaylah) to be permanently neglected is supported by clear and convincing evidence, it is sustained.
Finally, Family Court did not improvidently terminate respondent‘s parental rights to the three youngest children (Julie, Jamal and Jaylah). “Following an adjudication of permanent neglect, the sole concern at a dispositional hearing is the bеst interests of the child[ren] and there is no presumption that any particular disposition, including the return of [the] child[ren] to [the] parent, promotes such interests” (Matter of Alexander Z. [Jimmy Z.], 149 AD3d at 1180 [internal quotation marks and citation omitted]; see
At the time of the dispositional hearing, respondent had not even progressed to unsupervised visitation with any of the three children. With regard to the youngest, Jaylah, she has resided primarily in a preadoptive home since shortly after her birth, where she is well cared for, thriving and аttached to the only parents and family with which she has lived and known. Likewise, Julie and Jamal, who have spent little time in their young lives in the care and custody of respondent, are bonded with and have adapted well to their respective preadoptive foster families, who intend to adopt them if given the opportunity. As Family Court emphasized, their preadoptive homes offer them a chance at “success and good health, both physical and, more importantly, emotional.” “Viewing the record as a whole and according the appropriate deference to Family Court‘s factual assessments and choice among dispositional alternatives, we find a sound and substantial basis for its determination that termination of respondent‘s parental rights [with regard to Julie, Jamal and Jaylah] was in their best interests” (Matter of Aniya L. [Samantha L.], 124 AD3d at 1006; see Matter of Star Leslie W., 63 NY2d at 147-148; Matter of Bayley W. [Patrick K.], 146 AD3d 1097, 1100-1101 [2017], lv denied 29 NY3d 907 [2017]). Respondent‘s remaining contentions have been considered and determined to lack merit.
Peters, P.J., Garry, Egan Jr. and Rose, JJ., concur. Ordered that the order is affirmed, without costs.