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IN THE MATTER OF DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES O/B/O SAMANTHA BERNADETTE THERESA V. (ANONYMOUS), ET AL., RESPONDENT; RENEE THERESA B. (ANONYMOUS), APPELLANT.

DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

Contrary to the mother's contention, the petitioner agency met its burden of establishing, by clear and convincing evidence, that despite its diligent efforts to encourage and strengthen the parental relationship, the mother permanently neglected her children by failing to plan for their future (see, Social Services Law § 384-b[a]; Matter of Michael B., 80 N.Y.2d 299, 309; Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Sheila G., 61 N.Y.2d 368, 384; Matter of Shantelle W., 185 A.D.2d 935, 939). The mother's failure to complete a drug and alcohol dependency treatment program evidenced her failure to plan for her children's discharge to her custody (see, Matter of Gina I., 270 A.D.2d 21; Matter of Vincent M., 255 A.D.2d 515).

Further, the Family Court's finding that it was in the children's best interests to terminate their mother's parental rights and free them for adoption is also supported by a preponderance of the evidence (see, Matter of Tiffany A., 242 A.D.2d 709; Matter of Amanda R., 215 A.D.2d 220; Matter of Desire Star H., 202 A.D.2d 582). The mother's testimony in January 2000 that she was willing to comply with a June 1997 order mandating drug and alcohol treatment and abstinence is insufficient to require a different result (see, Matter of Tiffany A., supra; Matter of Desire Star H., supra).

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IN RE DUTCHESS COUNTY DEPT. OF SOC. SER
(Oct 9, 2001)