In re P.
| Decision Date | 10 May 2011 |
| Citation | 922 N.Y.S.2d 373,84 A.D.3d 510,2011 N.Y. Slip Op. 03910 |
| Parties | In re ANTHONY P., A Child Under the Age of Eighteen Years, etc.,Shanae P., Respondent–Appellant,Episcopal Social Services, Petitioner–Respondent,Robert B., Respondent. |
| Court | New York Supreme Court — Appellate Division |
84 A.D.3d 510
922 N.Y.S.2d 373
2011 N.Y. Slip Op. 03910
In re ANTHONY P., A Child Under the Age of Eighteen Years, etc.,Shanae P., Respondent–Appellant,Episcopal Social Services, Petitioner–Respondent,Robert B., Respondent.
Supreme Court, Appellate Division, First Department, New York.
May 10, 2011.
[922 N.Y.S.2d 373]
Andrew J. Baer, New York, for appellant.Rosin Steinhagen Mendel, New York (Rebecca L. Mendel of counsel), for Episcopal Social Services, respondent.Karen Freedman, Lawyers for Children, Inc., New York (Margaret Tarvin of counsel), attorney for the child.
[922 N.Y.S.2d 374]
SAXE, J.P., CATTERSON, ACOSTA, ABDUS–SALAAM, ROMÁN, JJ.
[84 A.D.3d 510] Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about March 2, 2010, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child and committed the custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
The determination that the agency exercised diligent efforts to support reunification of respondent and her child was supported by clear and convincing evidence that the agency provided respondent with a service plan and referrals tailored to her needs, and required her to complete anger management training, parenting skills training, and therapy, among other things. The agency diligently sought to “encourage a meaningful relationship between the parent and child” by scheduling regular supervised visitation, to no avail ( see Social Services Law 384–b[7][f]; Matter of Aliyah Julia N. [Cecelia Lee N.], 81 A.D.3d 519, 917 N.Y.S.2d 166 [2011] ).
Clear and convincing evidence supports the determination that respondent permanently neglected the child ( see Social Services Law § 384–b [7][a] ). Notwithstanding her progress during the relevant statutory period, respondent was convicted of attempted murder and arrested for assaulting the child's father [84 A.D.3d 511] after attending two anger management programs. Respondent was also arrested for prostitution. This indicates that she has not sufficiently addressed the initial problems, i.e., the criminal and violent tendencies, “that led to [the child's] foster care placement in the first place” ( Matter of Alpacheta C., 41 A.D.3d 285, 839 N.Y.S.2d 43 [2007], lv. denied 9 N.Y.3d 812, 846 N.Y.S.2d 602, 877 N.E.2d 652 [2007]; ...
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...N.Y.S.2d 18]Matter of Star Leslie W., 63 N.Y.2d 136, 143–144, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984];Matter of Anthony P. [Shanae P.], 84 A.D.3d 510, 511, 922 N.Y.S.2d 373 [1st Dept. 2011]; Matter of Roger Guerrero B., 56 A.D.3d 262, 262–263, 867 N.Y.S.2d 400 [1st Dept. 2008], lv. denied12 ......
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