SCO Family of Servs. v. Antwanette Q. B. (In re Lance Q. M.)

181 A.D.3d 886

119 N.Y.S.3d 896 (Mem)

In the MATTER OF LANCE Q. M., also known as Lance M., also known as Lance B. (Anonymous).

SCO Family of Services, Petitioner-Respondent;

v.Antwanette Q. B., also known as Antwanette B. (Anonymous), Appellant, et al., Respondent.

(Proceeding No. 1)

In the Matter of Lanise Q. M., also known as Lanise M., also known as Lanice B. (Anonymous).

SCO Family of Services, Petitioner-Respondent;

v.Antwanette Q. B., also known as Antwanette B. (Anonymous), Appellant, et al., Respondent.

(Proceeding No. 2)

In the Matter of Yvonne L. M., also known as Yvonne M., also known as Yvonne B. (Anonymous).

SCO Family of Services, Petitioner-Respondent;

v.Antwanette Q. B., also known as Antwanette B. (Anonymous), Appellant, et al., Respondent.

(Proceeding No. 3)

2019–02841

2019–02842

2019–02843

Docket Nos. B–15290–15, B–15291–15, B–15293–15

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

Submitted—February 13, 2020

March 25, 2020

Mark Diamond, New York, NY, for appellant.

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

Maricel Gonzalez, Jamaica, NY, attorney for the children.

REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the mother appeals from three orders of fact-finding and disposition (one as to each child) of the Family Court, Queens County (Carol A. Stokinger, J.), dated February 28, 2019. The orders, insofar as appealed from, after fact-finding and dispositional hearings, found that the mother permanently neglected the subject children, terminated her parental rights, and transferred custody and guardianship of the subject children to the Commissioner of Social Services of the City of New York and the petitioner for the purpose of adoption.

ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements.

The petitioner commenced these three related proceedings pursuant to Social Services Law § 384–b, inter alia, to terminate the mother's parental rights to the subject children on the ground of permanent neglect. After fact-finding and dispositional hearings, the Family Court, inter alia, found that the mother permanently neglected the subject children, terminated her parental rights, and transferred custody and guardianship of the subject children to the Commissioner of Social Services of the City of New York and the petitioner for the purposes of adoption.

The mother appeals. We affirm the orders insofar as appealed from.

The Family Court's finding of permanent neglect was supported by clear and convincing evidence. The petitioner met its initial burden of establishing that it undertook diligent efforts to strengthen the parental relationship between the mother and the subject children by, among other things, developing an appropriate service plan, scheduling regular parental access, and referring the mother for services (see Social Services Law § 384–b[7][a] ). The record shows that, despite the petitioner's diligent efforts, the mother failed, for a period of at least one year, substantially and continuously or repeatedly, to maintain...