The finding of permanent neglect underlying the suspended judgment was properly based on respondent's waiver of a factfinding hearing, consent to a finding of permanent neglect and admission to the court that she failed to enroll in a drug rehabilitation program despite the agency's diligent efforts (Social Services Law § 384-b [c]; see, Matter of James Carton K., 235 A.D.2d 422; Matter of William PP., 185 A.D.2d 397). A fair preponderance of the evidence shows that the child is thriving in the foster home in which her sister has also been placed, and that it is otherwise in her best interests that respondent's parental rights be terminated ( see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).
Concur — Milonas, J.P., Rosenberger, Ellerin and Andrias, JJ.