Matter of B.W. (N.W.)

Summary

The Appellate Division, First Department, affirmed an order finding that the respondent mother permanently neglected and abandoned the subject children. The court held that clear and convincing evidence established abandonment, failure to plan for the children's future, and the agency's diligent efforts to strengthen the parental relationship.

Holdings

1. Clear and convincing evidence supported the finding that the mother abandoned the children because she failed to visit or communicate with the children or the agency for the six months immediately preceding the filing of the petition, although she was able to do so and was not prevented or discouraged by the agency.
2. Clear and convincing evidence supported the finding of permanent neglect because the agency made diligent efforts to strengthen the parental relationship and the mother nevertheless failed to plan for the children's future.

Questions Presented

1. Whether clear and convincing evidence supported the finding that the mother abandoned the children by failing to visit or communicate with them or the agency for the six months preceding the filing of the petition.
2. Whether clear and convincing evidence supported the finding of permanent neglect based on the agency's diligent efforts to strengthen the parental relationship and the mother's failure to plan for the children's future.

Disposition

affirmed