Matter of Alquaran F. (Anne C.)

Summary

The Appellate Division, Second Department, affirmed an order terminating the mother's parental rights to three children on the ground of permanent neglect and transferring guardianship and custody to the Orange County Department of Social Services for adoption. The court held that the petitioner established by clear and convincing evidence that the mother failed to maintain regular contact with the children and failed to plan for their future despite diligent agency efforts.

Holdings

1. The petitioner established by clear and convincing evidence that the mother permanently neglected the children because, despite diligent efforts to encourage and strengthen the parental relationship, she failed to maintain regular and consistent contact with them and failed to plan for their future.
2. The Family Court properly determined after a dispositional hearing that terminating the mother's parental rights and freeing the children for adoption was in their best interests.

Questions Presented

1. Whether the petitioner established by clear and convincing evidence that the mother permanently neglected the children by failing substantially and continuously or repeatedly to maintain contact with them or plan for their future for at least one year after they entered the custody of an authorized agency.
2. Whether termination of the mother's parental rights and freeing the children for adoption was in the children's best interests.

Disposition

affirmed