Matter of Christian J.C. (Jorge C.)

Summary

The Appellate Division, Second Department, reversed the Family Court's order terminating the father's parental rights based on permanent neglect. Although the petitioner established diligent efforts to strengthen the parent-child relationship, it failed to prove by clear and convincing evidence that the father substantially and continuously failed to maintain contact with the child or plan for the child's future. The petition was denied insofar as asserted against the father, and the proceeding was dismissed against him.

Holdings

1. In a permanent-neglect proceeding, the agency must establish 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 satisfied that requirement here.
2. The petitioner failed to prove by clear and convincing evidence that the father substantially and continuously failed during the relevant period to maintain contact with the child or plan for the child's future, although physically and financially able to do so.
3. The Family Court erred in adjudicating the child permanently neglected by the father and terminating the father's parental rights.

Questions Presented

1. Whether the petitioner established by clear and convincing evidence that it made diligent efforts to strengthen the parent-child relationship.
2. Whether the petitioner established by clear and convincing evidence that the father substantially and continuously failed to maintain contact with the child or plan for the child's future, although physically and financially able to do so.
3. Whether the Family Court properly adjudicated the child permanently neglected and terminated the father's parental rights.

Disposition

reversed