Summary
The Appellate Division, First Department unanimously affirmed an order terminating the respondent mother's parental rights based on permanent neglect. The court held that the agency made diligent efforts to support reunification and that clear and convincing evidence established the mother's failure to maintain contact with the child and plan for the child's future.
Topics
Practice areas
Questions Presented
- Whether clear and convincing evidence supported the finding that the mother permanently neglected the child.
- Whether the agency satisfied its statutory obligation to make diligent efforts to encourage and strengthen the parental relationship.
- Whether the Family Court erred by proceeding to fact-finding and disposition because the agency allegedly failed to provide domestic-violence-service referrals.
Holdings
- The agency satisfied its statutory obligation to make diligent efforts by providing and arranging visitation, transportation, dyadic therapy, counseling referrals, parent-advocate assistance, and repeated efforts to maintain contact with the mother.
- The finding that the mother permanently neglected the child was supported by clear and convincing evidence.
- The mother's argument that the agency failed to make diligent efforts by not providing domestic-violence referrals did not warrant reversal, particularly because the argument was raised for the first time on appeal and the record showed that the agency offered a referral that the mother declined.
Factual background
The petitioner agency provided regular in-person and virtual visitation, transportation, dyadic therapy during visits, referrals for individual counseling, and efforts to maintain contact with the mother. The mother missed most visits, failed to maintain regular contact with the agency and child, did not comply with individual therapy, and failed to plan for reunification or remedy the mental-health-related conditions that led to the child's placement. After the mother disclosed domestic violence, the agency offered assistance and a referral for domestic-violence counseling, which she declined.
Procedural history
Family Court, Bronx County, found after a hearing that the mother permanently neglected the child, terminated her parental rights, and transferred custody for purposes of adoption. The Appellate Division deemed the premature notice of appeal to be from the fact-finding and disposition order and unanimously affirmed.