Matter of Raven Bless C. (Tirek C.)

Summary

The Appellate Division, Second Department affirmed an order terminating the father's parental rights based on abandonment under Social Services Law § 384-b. The court held that the petitioner established by clear and convincing evidence that the father failed to maintain sufficient contact with the child and that his incarceration, vague testimony, and minimal third-party contact did not overcome the finding of abandonment.

Holdings

1. The petitioner established by clear and convincing evidence that the father abandoned the child because, while able to do so and not prevented or discouraged by the agency, he failed to visit or communicate with the child or agency during the relevant six-month period.
2. The father's incarceration did not relieve him of his responsibility to maintain contact or communicate with the child or petitioner.
3. The father's vague and uncorroborated testimony that the petitioner did not contact him and that he could not obtain a telephone number was insufficient to overcome the petitioner's showing of abandonment.
4. A single instance of minimal, sporadic, and insubstantial contact through a third party was insufficient to overcome a finding of abandonment.

Questions Presented

1. Whether the petitioner proved by clear and convincing evidence that the father abandoned the child under Social Services Law § 384-b.
2. Whether the father's incarceration, inability to obtain the petitioner's telephone number, vague testimony, and one-time third-party contact overcame the showing of abandonment.
3. Whether termination of the father's parental rights and transfer of custody and guardianship for adoption should be affirmed.

Disposition

affirmed