In re Sukwa Sincere G.

Appellate Division of the Supreme Court of New York

In re Sukwa Sincere G.

88 A.D.3d 592, 931 N.Y.2d 590

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 2011

StatusPublished

Cited by3 cases

This text of 88 A.D.3d 592 (In re Sukwa Sincere G.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Sukwa Sincere G., 88 A.D.3d 592, 931 N.Y.2d 590 (N.Y. Ct. App. 2011).

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Opinion

[593]*593The finding of permanent neglect was supported by clear and convincing evidence (see Social Services Law § 384-b [7] [a]). The record shows that the agency acted diligently by issuing several referrals for the mother to attend programs mandated by her service plan, and caseworkers repeatedly reminded the mother of her need to complete the programs in order to regain custody. Despite these diligent efforts, in the four years since the child’s removal, the mother failed to complete her service plan in that she did not complete mental health treatment and never enrolled in a drug treatment program (see Matter of Aniya Evelyn R. [Yolanda R.], 77 AD3d 593 [2010]; Matter of Lady Justice I., 50 AD3d 425 [2008]).

A preponderance of the evidence establishes that the best interests of the child were served by the termination of the mother’s parental rights (Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). The evidence demonstrated that the child had been provided a loving and stable home environment by his paternal grandmother, who wished to adopt him. Furthermore, contrary to the mother’s contention, a suspended judgment was not warranted under the circumstances (see Matter of Michael B., 80 NY2d 299, 311 [1992]). Concur — Tom, J.P., Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.

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[593]*593The finding of permanent neglect was supported by clear and convincing evidence (see Social Services Law § 384-b [7] [a]). The record shows that the agency acted diligently by issuing several referrals for the mother to attend programs mandated by her service plan, and caseworkers repeatedly reminded the mother of her need to complete the programs in order to regain custody. Despite these diligent efforts, in the four years since the child’s removal, the mother failed to complete her service plan in that she did not complete mental health treatment and never enrolled in a drug treatment program (see Matter of Aniya Evelyn R. [Yolanda R.], 77 AD3d 593 [2010]; Matter of Lady Justice I., 50 AD3d 425 [2008]).

A preponderance of the evidence establishes that the best interests of the child were served by the termination of the mother’s parental rights (Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). The evidence demonstrated that the child had been provided a loving and stable home environment by his paternal grandmother, who wished to adopt him. Furthermore, contrary to the mother’s contention, a suspended judgment was not warranted under the circumstances (see Matter of Michael B., 80 NY2d 299, 311 [1992]). Concur — Tom, J.P., Saxe, Moskowitz, DeGrasse and Abdus-Salaam, JJ.

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Bluebook (online)

88 A.D.3d 592, 931 N.Y.2d 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sukwa-sincere-g-nyappdiv-2011.

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