Opinion
2012-12-26
In the Matter of CHANTEAU M. R.W. (Anonymous), also known as Chanteau R. (Anonymous). Children's Aid Society, etc., et al., petitioners-respondents; Pamela R.B. (Anonymous), etc., appellant, et al., respondent.
Leighton M. Jackson, New York, N.Y., for appellant. Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), for petitioner-respondent Children's Aid Society.
Leighton M. Jackson, New York, N.Y., for appellant. Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), for petitioner-respondent Children's Aid Society.
Fred A. Wertheimer, Brooklyn, N.Y., attorney for the child.
DANIEL D. ANGIOLILLO, J.P., JOHN M. LEVENTHAL, PLUMMER E. LOTT, and LEONARD B. AUSTIN, JJ.
In a proceeding pursuant to Social Services Law § 384–b and Family Court Act article 6 to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of the Family Court, Kings County (Lim, J.), dated June 29, 2011, which, after a hearing, revoked a suspended judgment contained in an order of disposition of the same court dated May 19, 2010, upon a determination that she violated the terms and conditions thereof, and, after a dispositional hearing, terminated her parental rights and transferred the guardianship and custody of the subject child to the Commissioner of the Administration for Children's Services of the City of New York and the Children's Aid Society for the purpose of adoption.
ORDERED that the order dated June 29, 2011, is affirmed, without costs or disbursements.
“The Family Court may revoke a suspended judgment after a violation hearing if it finds, upon a preponderance of the evidence, that the parent failed to comply with one or more of its conditions” (Matter of Ricky Joseph V., 24 A.D.3d 683, 684, 808 N.Y.S.2d 320;see Matter of Carmen C. [ Margarita N.], 95 A.D.3d 1006, 1008, 944 N.Y.S.2d 214;Matter of Nicholas S. [ Rhonda S.], 78 A.D.3d 841, 842, 910 N.Y.S.2d 362;Matter of Ayame O.-M., 63 A.D.3d 1069, 1070, 881 N.Y.S.2d 169). Here, the Family Court properly found, by a preponderance of the evidence, that the mother failed to comply with at least one of the conditions of the suspended judgment during the one-year term ( see Matter of Carmen C. [ Margarita N.], 95 A.D.3d at 1008, 944 N.Y.S.2d 214;Matter of Jysier E.K.J.L. [ Christina D.L.], 88 A.D.3d 792, 793, 930 N.Y.S.2d 906;Matter of Nicholas S. [ Rhonda S.], 78 A.D.3d at 842, 910 N.Y.S.2d 362;Matter of Ricky Joseph V., 24 A.D.3d at 684, 808 N.Y.S.2d 320).
Contrary to the mother's contention, the petitioners were not required to prove that they had exercised diligent efforts to reunify the mother and child since the mother had previously admitted that she permanently neglected the subject child ( see Matter of Ayame O.-M., 63 A.D.3d at 1071, 881 N.Y.S.2d 169;Matter of Fard Saleem G., 297 A.D.2d 677, 678, 747 N.Y.S.2d 107).
Moreover, the evidence adduced at the dispositional hearing supported the Family Court's determination that it was in the best interests of the child to terminate the mother's parental rights and free the child for adoption ( seeFamily Ct. Act § 631; Matter of Michael B., 80 N.Y.2d 299, 590 N.Y.S.2d 60, 604 N.E.2d 122; Matter of Nicholas S. [ Rhonda S.], 78 A.D.3d at 842, 910 N.Y.S.2d 362;Matter of Ayame O.-M., 63 A.D.3d at 1071, 881 N.Y.S.2d 169;Matter of Ricky Joseph V., 24 A.D.3d at 684, 808 N.Y.S.2d 320).
The mother's remaining contention is without merit.