IN RE JEREMIAH EMMANUEL R., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., SYLVIA C., res-ap, LEAKE AND WATTS SERVICES, INC, pet-res

8862-8862A. IN RE JEREMIAH EMMANUEL R., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., SYLVIA C., res-ap, LEAKE AND WATTS SERVICES, INC, pet-res — Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for ap — Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Orders of disposition, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about November 18, 2011, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject children, and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

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8862-8862A. IN RE JEREMIAH EMMANUEL R., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., SYLVIA C., res-ap, LEAKE AND WATTS SERVICES, INC, pet-res — Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for ap — Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Orders of disposition, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about November 18, 2011, which, upon a finding of permanent neglect, terminated respondent mother’s parental rights to the subject children, and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Petitioner met its burden of establishing, by clear and convincing evidence, that the children were permanently neglected (see Social Services Law §384—b[7][a]). Respondent failed to plan for the future of her children despite the diligent efforts of the agency to strengthen and encourage her relationship with the children by, among other things, scheduling visitation with them, providing respondent with referrals for appropriate services, and assisting respondent in obtaining suitable housing (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698, 698—699 [1st Dept 2012]). Respondent failed to remain drug and alcohol free or to secure appropriate housing or employment, and she interacted poorly with the children during visitation. Consistent visitation with the children does not preclude a finding of permanent neglect where, as here, there is a failure to plan for the children’s future (see Matter of Jonathan Jose T., 44 AD3d 508, 509 [1st Dept 2007]).

IN RE JEREMIAH EMMANUEL R., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., SYLVIA C., res-ap, LEAKE AND WATTS SERVICES, INC, pet-res

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