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IN RE GUARDIANSHIP, ETC., ALEXIS S.D., A Dependent Child Under the Age of Eighteen Years, etc., and WANDA C., Respondent-Appellant, EPISCOPAL SOCIAL SERVICES, ET AL., Petitioners-Respondents.

The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to complete a drug treatment program during the statutorily relevant time period ( see Matter of Dade Wynn F., 291 A.D.2d 218, lv denied 98 N.Y.2d 604), and also failed to separate from and indeed married her boyfriend, who had failed to complete domestic violence and drug rehabilitation programs as required by the dispositional order entered in the neglect proceeding and to which he had been referred by the agency ( see Matter of Kimberly Rosemarie S., 211 A.D.2d 594, lv denied 85 N.Y.2d 809). The finding that termination of parental rights is in the child's best interests is supported by a preponderance of the evidence showing, inter alia, that the child is thriving in the home of her foster parents, and the absence of credible evidence that respondent has ended the objectionable relationship ( cf. Matter of Mia Tracy-Nellie G., 299 A.D.2d 186). Under the circumstances, evidence that petitioner completed a drug rehabilitation program after the filing of the petition does not warrant a suspended judgment ( see Matter of Rutherford Roderick T., ___ A.D.2d ___, 772 N.Y.S.2d 49). Post-adoption visitation is not a dispositional option ( Matter of April S., 307 A.D.2d 204, lv denied 1 N.Y.3d 504).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE GUARDIANSHIP OF ALEXIS S.D
(May 13, 2004)