Summary
This New York Appellate Division decision reviews a Family Court order terminating a mother's parental rights on the grounds of permanent neglect and transferring custody and guardianship to the Children's Aid Society for adoption. The appellate court affirmed the lower court's ruling, finding that the agency met its burden by clear and convincing evidence to demonstrate diligent efforts to strengthen the parent-child relationship. The record supported the conclusion that the mother failed to maintain contact or consistently participate in required programs despite these efforts. Consequently, the termination of parental rights was upheld without costs.
Topics
Practice areas
Questions Presented
- Whether the agency satisfied its statutory burden to demonstrate diligent efforts and clear and convincing evidence of permanent neglect in a termination of parental rights proceeding.
Holdings
- The agency met its burden, and the Family Court properly terminated the mother's parental rights.
Key quotations
“In a proceeding to terminate parental rights because of permanent neglect, the agency must demonstrate by clear and convincing evidence that it has fulfilled its statutory duty to exercise diligent efforts to encourage and strengthen the parent-child relationship.” (at 1)
Factual background
The mother permanently neglected the child, failed to maintain contact with the child and the Agency, completed only one of several required programs, and did not consistently attend parental access sessions despite the Agency's diligent efforts to encourage and strengthen the parent‑child relationship.
Procedural history
Children's Aid commenced a proceeding under Social Services Law §384-b to terminate the mother's parental rights for permanent neglect. The Family Court found permanent neglect, terminated the rights, and transferred custody and guardianship to the Agency. The mother appealed the order.