Matter of Storm A. H. (Jahmel W.)

Summary

The Appellate Division, Second Department affirmed an order terminating a father's parental rights on the ground of permanent neglect and transferring guardianship and custody of the child for adoption. The court held that the petitioner made diligent efforts to strengthen the parent-child relationship and that the father failed to plan for the child's return despite those efforts.

Holdings

1. The petitioner established by clear and convincing evidence that it fulfilled its statutory duty to make diligent efforts to encourage and strengthen the parent-child relationship.
2. The Family Court properly found that the father permanently neglected the child because, despite the agency's diligent efforts, he failed to plan for the child's return and failed to consistently maintain contact or provide information relevant to planning.
3. A suspended judgment was not appropriate because the child had lived with the foster parent for most of the child's life, was strongly bonded to the foster parent, and was well cared for in that home.

Questions Presented

1. Whether the petitioner established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parent-child relationship.
2. Whether the father failed, despite those diligent efforts and his physical and financial ability to do so, to maintain contact with the child or plan for the child's future.
3. Whether a suspended judgment was appropriate under the circumstances.

Disposition

affirmed