Michael RR, Matter of

• Decision Date: 21 December 1995
• Citation: 635 N.Y.S.2d 736,222 A.D.2d 890
• Parties: In the Matter of MICHAEL "RR" 1 et al., Alleged to be Permanently Neglected Children. Tompkins County Department of Social Services, Respondent; Christine "SS",1 Appellant.
• Court: New York Supreme Court — Appellate Division

Page 736

635 N.Y.S.2d 736

222 A.D.2d 890

In the Matter of MICHAEL "RR" ¹ et al.,

Alleged to be Permanently Neglected Children.

Tompkins County Department of Social Services, Respondent;

Christine "SS",1 Appellant.

Supreme Court, Appellate Division,

Third Department.

Dec. 21, 1995.

Charles T. Currey, Ithaca, for appellant.

John C. Rowley, Department of Social Services, Ithaca, for respondent.

Lauren C. Cohen, Law Guardian, Vestal, for Michael "RR" and another.

Before CARDONA, P.J., and MIKOLL, CREW, PETERS and SPAIN, JJ.

CARDONA, Presiding Justice.

Appeal from an order of the Family Court of Tompkins County (Friedlander, J.), entered December 17, 1993, which granted petitioner's application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent's children to be permanently neglected, and terminated respondent's parental rights.

In December 1990, Family Court determined that respondent had neglected and abused two of her children. The children, twin boys born in 1990, were placed in foster care and remain there now. Service plans aimed at returning the children to respondent were devised. In March 1992, however, petitioner filed a permanent neglect petition alleging that respondent had failed to plan for the children's return. Nevertheless, petitioner continued to work with respondent. After a series of apparent setbacks, petitioner filed an amended petition in January 1993 seeking the same relief. Following a fact-finding hearing, Family Court granted the petition. A dispositional hearing was held, after which the court terminated respondent's parental rights. This appeal by respondent followed. ²

We affirm. Initially, the record reveals clear and convincing evidence that petitioner satisfied its statutory duty to make diligent efforts to strengthen the parental relationship (see, Social Services Law § 384-b [7][a]; Matter of Michael BB. [Robin BB.], 206 A.D.2d 600, 601, 614 N.Y.S.2d 470). These included arranging visitation, counseling, parenting skill classes and providing a parent aide, as well as alcohol and substance abuse therapy. In addition, petitioner provided transportation for respondent and assisted in locating housing for her. Moreover, petitioner's caseworkers maintained frequent personal and telephone contact with respondent. The assistance and services provided were aimed at ameliorating the "particular problems facing respondent and [petitioner] made 'affirmative, repeated and meaningful efforts' to assist respondent in overcoming them" (Matter of Albert T. [Nancy T.], 188 A.D.2d 934, 936, 592 N.Y.S.2d 87, quoting Matter of Sheila G., 61 N.Y.2d 368, 385, 474 N.Y.S.2d 421, 462 N.E.2d 1139).

It was respondent's obligation to use the services provided and to take the initiative and responsibility to plan for the children's futures (see, Matter of Jessica MM., 122 A.D.2d 462, 463, 504 N.Y.S.2d 850, lv. denied 68 N.Y.2d 612, 510 N.Y.S.2d 1026, 503 N.E.2d 123). Petitioner was not required to guarantee respondent's success at overcoming her problems (see, id., 122 A.D.2d at 463, 504 N.Y.S.2d 850). Respondent was obligated to remove the destructive tendencies in her life and to take the necessary steps to correct the conditions that led to the removal of the children in the first place (see, Matter of Orange County Dept. of Social Servs. [Jeremy Myles P.] v. Joann P., 195 A.D.2d 512, 600 N.Y.S.2d 259, lv. denied 82 N.Y.2d 658, 604 N.Y.S.2d 557, 624 N.E.2d 695; Matter of Travis Lee G. [Michelle G.], 169 A.D.2d 769, 770, 565 N.Y.S.2d 136). As we have noted, "a parent must take real, affirmative and meaningful steps manifesting a sense of responsibility toward the children in placement so as to avoid a termination of parental rights" (Matter of Matthew C., 216 A.D.2d 637, 638, 627 N.Y.S.2d 822, 824 [emphasis supplied].

Here, respondent attended most of the offered rehabilitative programs and took advantage of the services provided to her. Nevertheless, the record supports Family Court's conclusion that the parenting problems that existed when the children were removed were still present and had not substantially improved. For instance, the children were originally removed due to serious injuries for which respondent failed to offer any adequate explanation. After the children's removal, on at least one occasion, during visitation with respondent, one of the children sustained physical injuries requiring medical attention which respondent failed to provide. The child was diagnosed as having suffered a second degree burn on his hand. Respondent failed to adequately explain why she did not seek medical attention. One of respondent's counselors at a parenting program that respondent attended stated that, although respondent's responses were appropriate, she was concerned whether respondent actually understood the parenting techniques being taught. Furthermore, there was evidence that, despite attending parenting classes, respondent continued to use questionable forms of punishment which raised serious questions about her ability to properly deal and relate to her children.

There was also evidence that the children's father, with whom respondent was...