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IN RE VIOLETA

Appellate Division of the Supreme Court of New York, First Department.
Nov 13, 2007
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Permanent neglect may be found where a parent fails to acknowledge the problem that led to foster care placement in the first place ( Matter of Alpacheta C, 41 AD3d 285). Notwithstanding respondent's completion of classes in parenting skills and anger management, and therapy sessions, there was clear and convincing evidence that she had failed to plan for her child's future ( see Social Services Law ยง 384-b). The court was in the best position to make this evaluation ( Matter of Taaliyah Simone S.D., 28 AD3d 371). The determination as to the child's best interests, in furtherance of finding her a permanent home, was supported by a preponderance of evidence highlighting the current positive environment of a foster mother who desires to adopt.