IN RE TIFFANY N. L., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., MARCELINO L., res-ap, NEW YORK FOUNDLING HOSPITAL, pet-res

4004. IN RE TIFFANY N. L., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., MARCELINO L., res-ap, NEW YORK FOUNDLING HOSPITAL, pet-res — Andrew J. Baer, New York, for ap — Daniel Gartenstein, Long Island City, for res — DOUGLAS H. REINIGER, NEW YORK, ATTORNEY FOR THE CHILD.—Order of fact-finding and disposition (one paper), Family Court, New York County (Clark V. Richardson, J.), entered on or about April 6, 2016, which, upon a finding of permanent neglect, terminated respondent father's parental rights to the subject child and transferred custody and guardianship of the child to petitioner agency and the Commissioner of New York City Children's Services for the purpose of adoption, unanimously affirmed, without costs.

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4004. IN RE TIFFANY N. L., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., MARCELINO L., res-ap, NEW YORK FOUNDLING HOSPITAL, pet-res — Andrew J. Baer, New York, for ap — Daniel Gartenstein, Long Island City, for res — DOUGLAS H. REINIGER, NEW YORK, ATTORNEY FOR THE CHILD.—Order of fact-finding and disposition (one paper), Family Court, New York County (Clark V. Richardson, J.), entered on or about April 6, 2016, which, upon a finding of permanent neglect, terminated respondent father’s parental rights to the subject child and transferred custody and guardianship of the child to petitioner agency and the Commissioner of New York City Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supported the determination that the father permanently neglected the subject child by failing to visit consistently and by failing to plan for her future, despite the agency’s diligent efforts to encourage and strengthen the parental relationship (see Social Services Law §384-b[7][a], [c], [f]; Matter of Star Leslie W., 63 NY2d 136, 140 [1984]; Matter of Sheila G., 61 NY2d 368, 384-386 [1984]). The record shows that although the father was made aware of the need for him to, among other things, attend and complete a drug treatment program and obtain suitable housing, he refused to avail himself of these services and comply with his service plan. The father also failed to visit consistently with the child and behaved inappropriately during visits, frightening the child (see Matter of Charles Michael J., 58 AD3d 401, 402 [1st Dept 2009]). Overnight, unsupervised visitation with the child was suspended after the child returned from such visits with injuries requiring medical treatment.

IN RE TIFFANY N. L., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., MARCELINO L., res-ap, NEW YORK FOUNDLING HOSPITAL, pet-res

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