IN RE JAILEEN X. M., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., ANNETTE M. res-ap, THE CHILDREN'S AID SOCIETY, pet-res

11078-11079. IN RE JAILEEN X. M., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., ANNETTE M. res-ap, THE CHILDREN’S AID SOCIETY, pet-res — Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for Annette M., ap — Daniel R. Katz, New York, for Herve M., ap — Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for res — MICHAEL S. BROMBERG, SAG HARBOR, ATTORNEY FOR THE CHILDREN.—Orders of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about August 28, 2012, which, upon a fact-finding determination that respondents permanently neglected their children, terminated respondents’ parental rights and transferred the custody and guardianship of the children to petitioner agency and the Commissioner of the Administration for Children Services for the purpose of adoption, unanimously affirmed, without costs.

The agency proved by clear and convincing evidence that it exercised diligent efforts to reunite respondents with their children and that, despite these efforts, respondents failed to submit to drug testing, and tested positive for narcotics during the statutory period (see Social Services Law §384-b[7][a], [f]; Matter of Jules S. [Julio S.], 96 AD3d 448, 449 [1st Dept 2012], lv denied 19 NY3d 814 [2012]; Matter of Angelica G. [Frank G.], 74 AD3d 470 [1st Dept 2010]; Matter of Dade Wynn F., 291 AD2d 218, 218 [1st Dept 2002], lv denied 98 NY2d 604 [2002]). Respondents also failed to complete their mental health evaluations and failed to address the anger management issues that interfered with their ability to care for the children (see Matter of Alexis C. [Jacqueline A.], 99 AD3d 542, 542-543 [1st Dept 2012], lv denied 20 NY3d 856 [2013]).