FRIEDMAN, J.P., CATTERSON, MOSKOWITZ, FREEDMAN, ABDUS–SALAAM, JJ.
Geoffrey P. Berman, Larchmont, for appellant.Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.Karen Freedman, Lawyers for Children, Inc., New York (Brenda Soloff of counsel), attorney for the children.
FRIEDMAN, J.P., CATTERSON, MOSKOWITZ, FREEDMAN, ABDUS–SALAAM, JJ.
Orders of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about August 5, 2010, which, upon a fact-finding of permanent neglect, terminated respondent mother's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
Clear and convincing evidence supports the finding of permanent neglect (Social Services Law § 384–b[7][a] ). The record shows that the agency made diligent efforts to encourage and strengthen respondent's relationship with the children by referring her to parenting skills training, mental health therapy, housing assistance and a GED program, and by scheduling regular visitation ( Matter of Sheila G., 61 N.Y.2d 368, 381, 474 N.Y.S.2d 421, 462 N.E.2d 1139 [1984]; Matter of Fernando Alexander B. [ Simone Anita W.], 85 A.D.3d 658, 659, 925 N.Y.S.2d 823 [2011] ). Despite these diligent efforts, respondent failed to complete a course of therapy or enroll in a GED program and refused a housing placement that would have led to the release and return of one of her children ( Matter of Nathaniel T., 67 N.Y.2d 838, 840, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986]; Fernando, 85 A.D.3d at 659, 925 N.Y.S.2d 823).
A preponderance of the evidence demonstrates that it is in the best interests of the children to terminate respondent's parental rights so as to free them for adoption by the foster mother, with whom they have lived for over seven years ( see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The record shows that the children are thriving in the foster home and desire to be adopted by the foster mother. A suspended judgment is not warranted, given that the children need and desire permanence and that respondent has not overcome her problems ( see Matter of Calvario Chase Norall W. [ Denise W.], 85 A.D.3d 582, 583, 926 N.Y.S.2d 437 [2011] ).