IN RE MATTER OF SAVANNAH

The finding of permanent neglect is supported by clear and convincing evidence ( Matter of Lionel Burton W., 30 AD3d 355). The agency's efforts included scheduling regular visitation between mother and child, and referring and encouraging the mother to attend and complete a drug treatment program. The record clearly and convincingly shows that despite those efforts, respondent missed approximately half of her scheduled visits, failed to complete a drug treatment program, and otherwise failed to plan for the child's future.

The court's findings regarding the best interests of the child were supported by a preponderance of the evidence, highlighting the positive environment provided by the foster mother and her desire to adopt the child, which was in furtherance of the goal of finding a permanent home for this child ( see Matter of Taaliyah Simone S.D., 28 AD3d 371). A suspended judgment would not have been warranted since respondent did not complete a drug program and there was no evidence as to how she planned to provide this child with an adequate and stable home ( Matter of Rutherford Roderick T., 4 AD3d 213).