In re Violeta
P.
Matter of Violeta P.
2007
NY Slip Op 08749 [45 AD3d 352]
November
13, 2007
Appellate
Division, First Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As
corrected through Wednesday, January 16, 2008
In
the Matter of Violeta P., a Child Alleged to be
Permanently Neglected. Mercedes Francisca P., Appellant;
Episcopal Social Services, Respondent.
—[*1] George E. Reed, Jr.,
Tamara A. Steckler, The Legal Aid
Society,
Order,
Family Court, New York County (Sara P. Schechter, J.), entered on or about
November 30, 2004, which, after a fact-finding determination, terminated
respondent mother's rights to the subject child and transferred custody and
guardianship to the New York City Commissioner of Social Services and
petitioner agency for the purpose of adoption, unanimously affirmed, without
costs.
Permanent
neglect may be found where a parent fails to acknowledge the problem that led
to foster care placement in the first place (Matter of Alpacheta
C., 41 AD3d 285 [2007]). Notwithstanding respondent's completion of classes in
parenting skills and anger management, and therapy sessions, there was clear
and convincing evidence that she had failed to plan for her child's future (see
Social Services Law § 384-b [7]). The court was in the best position to make
this evaluation (Matter of Taaliyah Simone S.D., 28
AD3d 371 [2006]). The determination as to the child's best interests, in
furtherance of finding her a permanent home, was supported by a [*2]preponderance of evidence highlighting the current positive
environment of a foster mother who desires to adopt. Concur—Tom, J.P.,
Friedman, Gonzalez, Sweeny and Kavanagh, JJ.