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IN RE DOMINIQUE LEONARD

Appellate Division of the Supreme Court of New York, First Department.
Oct 5, 2006

The testimony of the agency's caseworker at the fact-finding hearing provided clear and convincing evidence that the agency made diligent efforts to encourage the parent-children relationship by referring respondent for drug rehabilitation and domestic violence counseling, but was frustrated by an uncooperative parent who failed to enter or complete these programs ( see e.g. Matter of Jonathan R.M., 26 AD3d 205; Matter of Angel G., 13 AD3d 113). The conclusion that termination of parental rights, rather than a suspended judgment, was in the children's best interests is supported by a fair preponderance of the evidence showing that at the time of the dispositional hearing the children had been in foster care for over three years, in the same foster home for 2½ years, and developed a stable and positive bond with the foster parents ( see Matter of Tiffany A., 242 AD2d 709, 713-714).

We have considered respondent's other arguments and find them without merit.