IN RE RAYMOND C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC. MARIA V., res-ap, CATHOLIC GUARDIAN SERVICES, pet-res, RAMON C., res

3979. IN RE RAYMOND C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC. MARIA V., res-ap, CATHOLIC GUARDIAN SERVICES, pet-res, RAMON C., res — Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for ap — Joseph T. Gatti, New York, for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (CLAIRE v. MERKINE OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Jane Pearl, J.), entered on or about June 6, 2016, which, to the extent appealed from as limited by the briefs, found that respondent mother had permanently neglected the subject child, terminated the mother's parental rights and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

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3979. IN RE RAYMOND C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC. MARIA V., res-ap, CATHOLIC GUARDIAN SERVICES, pet-res, RAMON C., res — Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for ap — Joseph T. Gatti, New York, for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (CLAIRE v. MERKINE OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Jane Pearl, J.), entered on or about June 6, 2016, which, to the extent appealed from as limited by the briefs, found that respondent mother had permanently neglected the subject child, terminated the mother’s parental rights and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence of the mother’s failure to plan for the child’s future, despite the agency’s diligent efforts to reunite the mother with the child (see Social Services Law §384-b[7][a]). The agency expended the requisite diligent efforts by, among other things, repeatedly referring the mother to a drug treatment program, drug screenings, mental health treatment and housing services (see id.§384-b[7][f]; Matter of Dade Wynn F., 291 AD2d 218, 218 [1st Dept 2002], lv denied 98 NY2d 604 [2002]). Despite the agency’s efforts, the mother failed to complete a drug program or obtain mental health services within the relevant time period (see Matter of Jaylin Elia G. [Jessica Enid G.], 115 AD3d 452, 453 [1st Dept 2014]; Matter of Alford Isaiah B. [Alford B.], 107 AD3d 562 [1st Dept 2013]). The mother’s consistent visitation with the child does not preclude a finding of permanent neglect, given her failure to plan for the child’s future (see Matter of Jonathan Jose T., 44 AD3d 508, 509 [1st Dept 2007]).

IN RE RAYMOND C., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC. MARIA V., res-ap, CATHOLIC GUARDIAN SERVICES, pet-res, RAMON C., res

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