Summary
This Appellate Division, First Department decision reviews a Family Court order terminating a father's parental rights due to permanent neglect. The court affirmed the lower court's ruling, finding clear and convincing evidence that the agency made diligent efforts to reunify the family while the father failed to comply with his service plan, missed scheduled visitations, and refused necessary medical and drug screenings. Consequently, custody was committed to the petitioner agency for adoption purposes.
Topics
Practice areas
Questions Presented
- Whether the Family Court's finding of permanent neglect and termination of the father's parental rights was supported by clear and convincing evidence.
Holdings
- The appellate division affirmed the Family Court's finding, holding that the evidence established permanent neglect and justified termination of parental rights.
Key quotations
“The finding of permanent neglect is supported by clear and convincing evidence that the agency made diligent efforts to encourage and strengthen the parental relationship between the father and the child.”
Factual background
The father failed to maintain regular visitation, did not engage in required drug treatment or mental‑health services, refused to provide medical information, and did not submit to random drug screenings, despite the agency's repeated efforts to assist him.
Procedural history
Family Court, Bronx County entered an order on June 14, 2024 finding permanent neglect and terminating the father's parental rights, committing custody to the agency for adoption. The appellate division reviewed the order.