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Decided on November 3, 2006
Family Court, Onondaga County

B-8766-8768-05
Onondaga County Department of Law, Joseph Zavaglia, Esq., of counsel, for petitioner;Theodore Stenuf, Esq. For respondent; David Stanton, Esq., for respondent; Linda Gehron, Esq., Law Guardian
Michael L. Hanuszczak, J.
The children who are the subjects of this termination of parental rights proceeding and the custody petitions are S. W., born on December 18, 1997, R.W., born on December 13, 1999, and C. W., born on December 4, 2001. The respondents are the parents of the subject children.
On May 18, 2004 the subject children were placed in the care and custody of the Onondaga County Department of Social Services after an adjudication of neglect against the father, C. W. and the mother, T. C. The Court found that the parents had engaged in repeated acts of domestic violence in the presence of the subject children, including an incident when the mother sprayed mace while attempting to assault the father's current wife, causing R. to choke; the mother assaulting the father with a razor in front of R.; the father pushing the mother onto the hood of a car in front of the children; and the father striking the mother in the face causing her teeth to tear through her skin in the presence of the children. The Court also found that the children had on at least one occasion been duct taped at the hands, feet, and mouth by the parents and whipped with a belt on several occasions. The Court further found that the children were left in the care of their older half-brother who engaged in inappropriate sexual contact with S. on approximately six separate occasions. The Court also found that the mother and the father habitually used drugs in front of the children and that the pattern of domestic violence in the presence of the children had been taking place since 2000.
At disposition, during the neglect proceeding, visitation and communication with the father was found to be contrary to the subject children's best interests based on their mental health. However, the respondent-father was allowed to send cards and letters to the children through the caseworker. The dispositional order also contained the same findings regarding a suspension of visitation between the subject children and respondent-mother due to their mental health problems. However, the respondent-mother was allowed to commence visitation after her successful completion of services and reports from the caseworker and the children's therapists. The petitioner in the custody proceeding is the maternal grandmother, P. F.
The subject children have had multiple placements between May 18, 2004 and the present. In 2005
S. and R. were placed in a residential treatment facility due to their emotional and behavioral problems. C. is currently in a therapeutic pre-adoptive foster home.
On December 9, 2005, the petitioner, Onondaga County Department of Social Services ("DSS"), filed a petition seeking to terminate the rights of the respondent-father and respondent-mother due to alleged permanent neglect. On July 11, 2005 the maternal grandmother filed petitions seeking custody and visitation of the subject children and on January 17, 2006 she also filed petitions to modify the placement of the children under the dispositional order of the prior neglect proceeding. The grandmother's petitions were heard during and as part of the dispositional hearing of the termination of parental rights petition. Matter of Carl G. v. [*2]Oneida County Department of Social Services, 24 AD3d 1274.
On June 8, 2006 the respondent-father and respondent-mother admitted to a variety of allegations in the permanent neglect termination petition and the matter was adjourned for a dispositional hearing.
The hearing lasted four days and testimony was heard on August 14, August 17, September 1, and October 6, 2006. The length of this proceeding prior to and after the commencement of the dispositional hearing was prolonged by the respondent-father's unavailability due to incarceration and the respondent-mother's failure to appear in Court on multiple occasions including the final date of the dispositional hearing. Adjournments were also requested and granted at the request of respondent-father's attorney.
FACT FINDING
The instant petition alleges that the respondent-father and the respondent-mother have permanently neglected the subject children. With respect to the substantive issue of law before this Court, Social Services Law

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