Rebecca D., Matter of

Decision Date22 December 1995
PartiesMatter of REBECCA D., Rosanne D. and Renee D., Children Alleged to be Permanently Neglected, Karen D., Appellant; Onondaga County Department of Social Services, Respondent.
CourtNew York Supreme Court — Appellate Division

Hiscock Legal Aid Society, Robert P. Rickert, Syracuse, for Appellant.

Onondaga County Attorney's Office, Christina Pezzulo by Eileen Perry, Syracuse, for Respondent-Petitioner.

William L. Balduf, Syracuse, for Law Guardian.

Before GREEN, J.P., and PINE, FALLON, CALLAHAN and DOERR, JJ.

MEMORANDUM:

The record supports Family Court's determination that the children were permanently neglected by respondent, based upon respondent's failure to plan for their future (see, Social Services Law § 384-b[7][a]; Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824). Although respondent regularly and actively participated in the services offered by petitioner, she remained unable to address the sexual abuse that led to the removal of the children from her home (see, Matter of Tammy B., 185 A.D.2d 881, 883, 587 N.Y.S.2d 377, lv. denied 81 N.Y.2d 702, 594 N.Y.S.2d 716, 610 N.E.2d 389; Matter of Travis Lee G., 169 A.D.2d 769, 770, 565 N.Y.S.2d 136). Because she failed to make any progress in overcoming the problems that initially endangered the children and continued to prevent their safe return, the court properly found that respondent was unable to make an adequate plan for her children's future (see, Matter of Kenneth A., 206 A.D.2d 602, 614 N.Y.S.2d 472; Matter of Tammy B., supra; Matter of Crystal Q., 173 A.D.2d 912, 569 N.Y.S.2d 775, lv. denied 78 N.Y.2d 855, 573 N.Y.S.2d 645, 578 N.E.2d 443; Matter of Travis Lee G., supra).

Order unanimously affirmed without costs.

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