Matter of Yamira Empress S. (Yvonne M. S.)

Summary

The Appellate Division, Second Department affirmed an order terminating the mother's parental rights based on permanent neglect and her present and foreseeable inability to provide proper and adequate care. The court held that the petitioner established by clear and convincing evidence that it made diligent efforts to strengthen the parental relationship and that the mother failed to plan for the child's future.

Holdings

1. The petitioner met its initial burden of establishing by clear and convincing evidence that it exercised diligent efforts to strengthen the parental relationship.
2. The evidence established by clear and convincing evidence that, despite the petitioner's diligent efforts, the mother failed to plan for the future of the child and therefore permanently neglected the child.
3. The Family Court properly found by clear and convincing evidence that the mother was presently and for the foreseeable future unable to provide proper and adequate care for the child under Social Services Law § 384-b(4)(c).

Questions Presented

1. Whether the petitioner exercised diligent efforts to strengthen the parental relationship as required by Social Services Law § 384-b.
2. Whether clear and convincing evidence established that the mother permanently neglected the child by failing to plan for the child's future despite the petitioner's diligent efforts.
3. Whether clear and convincing evidence established that the mother was presently and for the foreseeable future unable to provide proper and adequate care under Social Services Law § 384-b(4)(c).
4. Whether termination of the mother's parental rights and transfer of guardianship and custody for adoption were proper.

Disposition

affirmed