Matter of Amiyah C. (Wanda T.)

Summary

The New York Supreme Court, Appellate Division, Fourth Department affirmed an order terminating the father's parental rights on the ground of permanent neglect. The court held that the petitioner made diligent efforts, the father failed to plan for the child's future, the Family Court properly drew a negative inference from his failure to testify, and he received meaningful representation.

Holdings

1. The petitioner established that it exercised diligent efforts to encourage and strengthen the parent-child relationship as required by Social Services Law § 384-b (7) (a).
2. Despite the petitioner's diligent efforts, the father failed to plan for the child's future, supporting termination of his parental rights for permanent neglect.
3. Family Court properly drew the strongest possible negative inference against the father after he failed to testify at the fact-finding hearing.
4. The father was not denied effective assistance of counsel because the record viewed in its totality showed that he received meaningful representation.
5. The father's contention that the court should have granted a suspended judgment was unpreserved, and in any event a suspended judgment was not warranted under the circumstances.

Questions Presented

1. Whether the petitioner established diligent efforts to encourage and strengthen the parent-child relationship as required for a permanent-neglect determination.
2. Whether the father failed to plan for the child's future despite the petitioner's diligent efforts.
3. Whether Family Court properly drew a negative inference from the father's failure to testify at the fact-finding hearing.
4. Whether the father received effective assistance of counsel.
5. Whether the father preserved, and was entitled to, a suspended judgment.

Disposition

affirmed