Matter of Chary M. L. (Zachary R.)

Summary

The Appellate Division, Second Department, affirmed orders terminating the mother's parental rights based on abandonment and permanent neglect and transferring guardianship and custody of the children for adoption. The court held that clear and convincing evidence supported the findings and that the mother's incarceration did not excuse her failure to communicate or keep the agency apprised of her location.

Holdings

1. The finding of abandonment was supported by clear and convincing evidence because the mother had no contact with the petitioner or the children during the six months preceding the filing of the petitions, and the petitioner did not prevent or discourage contact.
2. The finding of permanent neglect was supported by clear and convincing evidence, and the petitioner was excused from demonstrating diligent efforts because the mother failed for at least six months to keep the petitioner apprised of her location.
3. The Family Court properly declined to grant a suspended judgment and properly terminated the mother's parental rights and transferred guardianship and custody of the children for adoption.

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 during the statutory six-month period.
2. Whether clear and convincing evidence supported the finding of permanent neglect.
3. Whether the Family Court properly excused the agency from demonstrating diligent efforts because the mother failed to keep the agency apprised of her location for at least six months.
4. Whether the Family Court properly declined to grant a suspended judgment and properly terminated the mother's parental rights and transferred guardianship and custody for adoption.

Disposition

affirmed