Matter of M.K.A. (T.M.)

Summary

The Appellate Division, First Department unanimously affirmed an order terminating the mother's parental rights based on permanent neglect and transferring custody and guardianship for adoption. The court found that the agency made diligent efforts to reunite the mother with the child, but that she failed to consistently comply with her service plan and plan for the child's future. The court also upheld the best-interests determination and declined to impose a suspended judgment.

Holdings

1. The agency made diligent efforts to reunite the mother with the child, as demonstrated by extensive visitation, service referrals, transportation assistance, case planning, and assistance concerning the child's medical needs.
2. The finding of permanent neglect was warranted because the mother failed to consistently comply with her service plan, failed to gain insight into the issues that led to the child's placement in foster care, and failed to plan for the child's future.
3. A preponderance of the evidence supported Family Court's determination that terminating the mother's parental rights and freeing the child for adoption were in the child's best interests.
4. A suspended judgment was not warranted because the mother had failed over an extended period to comply with her service plan, and granting additional time would only prolong the child's lack of permanence.

Questions Presented

1. Whether clear and convincing evidence supported the finding that the agency made diligent efforts to reunite the mother with the child.
2. Whether clear and convincing evidence supported the finding that the mother permanently neglected the child by failing to maintain adequate compliance with the service plan and failing to plan for the child's future.
3. Whether termination of the mother's parental rights and freeing the child for adoption were in the child's best interests.
4. Whether a suspended judgment was warranted.

Disposition

affirmed