SCO Family of Servs. v. Anthony J.F. (In re Erika G.A.)

163 A.D.3d 653

81 N.Y.S.3d 150

In the MATTER OF ERIKA G.A. (Anonymous), also known as Erika A. (Anonymous).

SCO Family of Services, petitioner-respondent;

v.Anthony J.F. (Anonymous), also known as Anthony F., appellant, et al., respondent.

2017–05658

Docket No. B–8124–13

Supreme Court, Appellate Division, Second Department, New York.

Submitted—June 8, 2018

July 11, 2018

Joseph H. Nivin, Forest Hills, NY, for appellant.

Leventhal, Mullaney & Blinkoff, LLP, Roslyn, N.Y. (Jeffrey Blinkoff of counsel), for petitioner-respondent.

Deborah M. Garibaldi, Glendale, NY, attorney for the child.

WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the father appeals from an order of fact-finding and disposition of the Family Court, Queens County (Connie Gonzalez, J.), dated April 12, 2017. The order, insofar as appealed from, after fact-finding and dispositional hearings, found that the father permanently neglected the subject child, terminated the father's parental rights, and transferred guardianship and custody of the child to the Commissioner of Social Services of the City of New York and the petitioner for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The petitioner filed a petition pursuant to Social Services Law § 384–b, among other things, to terminate the father's parental rights with respect to the subject child on the ground of permanent neglect. After fact-finding and dispositional hearings, the Family Court, inter alia, found that the father permanently neglected the child, terminated his parental rights, and transferred guardianship and custody of the child to the Commissioner of Social Services of the City of New York and the petitioner for the purpose of adoption. The father appeals.

The petitioner met its initial burden of establishing by clear and convincing evidence that it exercised diligent efforts to strengthen the parental relationship between the father and the child by, among other things, developing an appropriate service plan and advising the father of the importance of complying with that plan; scheduling regular visits between the father and child; monitoring the father's compliance with outside services related to anger management, domestic violence, substance abuse, and mental health treatment; referring the father to a program which provided those services when he failed to complete a previous program; and conducting regular service plan review conferences (see Matter of Sheila G. , 61 N.Y.2d 368, 385, 474 N.Y.S.2d 421, 462 N.E.2d 1139 ; Matter of Sarah J.A. [Ramadan G.O.–A] , 156 A.D.3d 691, 692, 66 N.Y.S.3d 668 ; Matter of Daniel K.L. [Shaquanna L.] , 138 A.D.3d 743, 744, 29 N.Y.S.3d 436 ; Matter of Danielle Joy K. , 60 A.D.3d 948, 949, 875 N.Y.S.2d 257 ). Despite the agency's diligent efforts, the father failed to plan for the return of the child. The father failed to successfully complete any aspect of his service plan and did not consistently attend scheduled visitation (see Matter of Sarah J.A. [Ramadan G.O.–A.] , 156 A.D.3d at 693, 66 N.Y.S.3d 668 ; Matter of Syasiah A.–M.L. [Valisha...