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IN RE SAMUEL ENRIQUE S., ET AL., CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., MILTON S., RESPONDENT-APPELLANT, ANGEL GUARDIAN CHILDREN AND FAMILY SERVICES, ET AL., PETITIONERS-RESPONDENTS.

Clear and convincing evidence supports the finding that respondent neglected the children by failing to plan for their future. During the relevant time period, respondent failed to offer a viable resource for the children, or attend therapy for or even acknowledge his problem with domestic violence as initially required in order to be considered as a resource (see,Matter of Joseph Jerome H., 224 A.D.2d 224; Matter of Vincent Anthony C., 235 A.D.2d 283). There is also ample support for finding that, after five years in foster care, it is in the children's best interests to be adopted by their foster family. We are not convinced otherwise by respondent's participation in a domestic violence program after the fact-finding decision was rendered (see, Matter of Todd Anthony C., 220 A.D.2d 206; Matter of H.-C. Children, 235 A.D.2d 358).

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

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IN RE SAMUEL ENRIQUE S., ET AL
(Apr 12, 2001)