IN THE MATTER OF LEVAR D

Petitioner agency established by clear and convincing evidence that respondent permanently neglected the subject child by failing to plan for the child's future ( see Social Services Law § 384-b[a] and [c]). Although the agency, during the statutorily relevant period, diligently endeavored to assist respondent to address the problems precluding her resumption of custodial parenting responsibilities ( see Matter of Sheila G., 61 N.Y.2d 368, 385), she failed to meet two crucial agency plan conditions: she did not regularly attend therapy and neither enrolled in school nor found employment.

The evidence was preponderant ( see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148) that the best interests of the child would be served by terminating respondent's parental rights so as to facilitate the child's adoption by his long-term foster family. A suspended judgment was not warranted since there was no showing that respondent had, even belatedly, made sufficient substantive progress to formulate a realistic, feasible plan to provide an adequate and stable home for her son ( id. at 142-143).

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