Matter of Cayden L.R.

Summary

The New York Appellate Division, Fourth Department, affirmed an order terminating the mother's parental rights based on permanent neglect. The court held that the agency made diligent efforts to reunite the mother and child and that the mother failed to plan adequately for the child's future. A dissent argued that the agency's misdiagnoses of the mother and child resulted in inadequate, insufficiently tailored services.

Holdings

1. The court exercised its discretion to treat the mother's notice of appeal from the fact-finding order as valid and deemed the appeal properly taken from the order of disposition.
2. The Family Court properly determined that the Department of Social Services made diligent efforts to encourage and strengthen the mother's relationship with the child.
3. The Family Court properly determined that the mother failed to plan for the future of the child.
4. The Department of Social Services' challenge to the portion of the order granting posttermination visitation was not properly before the court because the agency did not cross-appeal.

Questions Presented

1. Whether the notice of appeal from the fact-finding order could be treated as a valid appeal from the subsequent order of disposition.
2. Whether the Department of Social Services made diligent efforts to encourage and strengthen the mother's relationship with the child and to reunite the family.
3. Whether the mother failed to plan for the child's future within the meaning of Social Services Law § 384-b.
4. Whether the Department of Social Services could challenge the posttermination-visitation provision without filing a cross-appeal.

Disposition

affirmed