In re Yasmine F.
| Decision Date | 06 December 2016 |
| Parties | In re YASMINE F., A Child Under The Age of Fourteen Years, etc., Junior F., Respondent–Appellant, Edwin Gould Services for Children, Petitioner–Respondent. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 455
43 N.Y.S.3d 31
2016 N.Y. Slip Op. 08161
In re YASMINE F.,
A Child Under The Age of Fourteen Years, etc.,
Junior F., Respondent–Appellant,
Edwin Gould Services for Children, Petitioner–Respondent.
Supreme Court, Appellate Division, First Department, New York.
Dec. 6, 2016.
Larry S. Bachner, Jamaica, for appellant.
John R. Eyerman, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
RENWICK, J.P., SAXE, GISCHE, WEBBER, JJ.
Order of disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about July 17, 2015, which, upon a finding of permanent neglect, terminated respondent father's parental rights to the subject child and committed 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 finding of permanent neglect is supported by clear and convincing evidence (see Social Services Law § 384–b[7][a] ). The record shows that the agency made diligent efforts to encourage and strengthen the parental relationship, including developing an appropriate service plan and monitoring the father's compliance therewith, and regularly meeting with the father (see Matter of Deime Zechariah Luke M. [Sharon Tiffany M.], 112 A.D.3d 535, 536, 978 N.Y.S.2d 125 [1st Dept.2013], lv. denied 22 N.Y.3d 863, 2014 WL 1243479 [2014] ). The agency was not obligated to seek modification of the orders of protection prohibiting visitation or contact by the father. The father did not appeal from the orders and cannot now dispute their propriety. At any rate, the agency was justified in not seeking modification in view of the child's desire not to see her father.
The record also demonstrates that the father failed to plan for the child's future for the requisite period. Although he complied with the recommended service plan, he...
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Marcia M. v. Children's Aid Soc'y (In re Patrice H. W.)
... ... Regardless of whether a parent has complied with the recommended service plan, she has failed to plan for the child's future if she "fails to gain insight into [her] parenting problems or take responsibility for the issues that prompted foster care placement in the first place" ( Matter of Yasmine F. [Junior F.], 145 A.D.3d 455, 455, 43 N.Y.S.3d 31 [1st Dept. 2016], lv denied 29 N.Y.3d 973, 52 N.Y.S.3d 282, 74 N.E.3d 666 [2017] [internal quotation marks and citation omitted]; see also Matter of Nathaniel T., 67 N.Y.2d 838, 841842, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986] ; Matter of Patricia ... ...
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In re Patrice H.W.
... ... plan, she has failed to plan for the child's future if ... she "fails to gain insight into [her] parenting problems ... or take responsibility for the issues that prompted foster ... care placement in the first place" (Matter of ... Yasmine F. [Junior F.], 145 A.D.3d 455, 455 [1st Dept ... 2016], lv denied 29 N.Y.3d 973 [2017] [internal ... quotation marks and citation omitted]; see also Matter of ... Nathaniel T., 67 N.Y.2d 838, 841-842 [1986]; Matter ... of Patricia A.[Norman A.], 195 A.D.3d 457 [1st Dept ... ...
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Coal. for Hispanic Family Servs. v. Sergio P.G.M. (In re Shakira M.S.)
... ... Both children refused to visit with the father and, eventually, a Family Court order prevented the petitioner from scheduling parental access. The petitioner was not obligated to seek modification of the order suspending parental access (see Matter of Yasmine F. [Junior F.] , 145 A.D.3d 455, 455, 43 N.Y.S.3d 31 ). Moreover, the father did not oppose the motion that resulted in that order and never sought modification of the order to resume parental access with the children. Accordingly, we agree with the Family Court's determination that the father ... ...