Matter of Elijah L. Jr. (Elijah L.)

Summary

The Appellate Division, Second Department, reversed orders terminating the father's parental rights to two children on the ground of permanent neglect. The court held that the foster care agency failed to prove by clear and convincing evidence that it made diligent efforts to strengthen the parent-child relationship, including arranging parental access, providing service referrals, and assisting with housing.

Holdings

1. A foster-care agency seeking termination of parental rights for permanent neglect must first prove by clear and convincing evidence that it fulfilled its statutory duty to exercise diligent efforts to encourage and strengthen the parent-child relationship. The petitioner failed to meet that burden because the evidence did not show that it arranged parental access, referred the father to services, or assisted him with suitable housing.
2. Because the petitioner failed to establish diligent efforts, the Family Court should have denied the petitions and dismissed the proceedings insofar as they were asserted against the father.

Questions Presented

1. Whether the foster-care agency proved by clear and convincing evidence that it exercised diligent efforts to encourage and strengthen the relationship between the father and the children, as required before termination of parental rights for permanent neglect.
2. Whether the petitions should be denied and the proceedings dismissed against the father because the agency failed to establish the required diligent efforts.

Disposition

reversed