Matter of Shaprea L.R. (Mario L.)

Jul 5, 2012
2011-07028
Versions:2012 NY Slip Op 05424
97 AD3d 587

In the Matter of Shaprea L.R. Westchester County Department of Social Services, Respondent; Mario L., Also Known as Mario A.L.G., Appellant.

—[*1] David Bliven, White Plains, N.Y., for appellant.

Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco and Thomas G. Gardiner of counsel), for respondent.

Neal D. Futerfas, White Plains, N.Y., attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of fact-finding and disposition of the Family Court, Westchester County (Schauer, J.), entered May 26, 2011, which, after fact-finding and dispositional hearings, found that he permanently neglected the subject child, terminated his parental rights, and transferred the guardianship and custody of the child to the Westchester County Department of Social Services for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The Family Court properly determined that the father permanently neglected the subject child by failing to plan for her future (see Social Services Law § 384-b [7] [c]; Matter of Star Leslie W., 63 NY2d 136, 142-143 [1984]; Matter of Kendra D. [Amanda D.], 81 AD3d 644, 644-645 [2011]; Matter of Chyanne H., 62 AD3d 876, 877-878 [2009]). Contrary to the father‘s contention, the presentment agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384-b [7] [f]; Matter of Hadiyyah J.M. [Fatima D.R.], 91 AD3d 874, 874-875 [2012]; Matter of Anthony R. [Juliann A.], 90 AD3d 1055, 1056 [2011]). Under the circumstances of this case, including that the child was thriving in the home of her foster parents, with whom she had lived since December 2008, the court properly declined to issue a suspended judgment. Moreover, the court properly denied the father‘s request for post-termination visitation between the child and him (see Matter of Hailey ZZ. [Ricky ZZ.], 19 NY3d 422 [2012]). Balkin, J.P., Hall, Lott and Cohen, JJ., concur.