Opinion
149 CAF 16–00306
03-16-2018
In the MATTER OF MICHAEL S. and Gabriel S. Chautauqua County Department of Health and Human Services, Petitioner–Respondent; v. Kathryne T., Respondent, and Timothy S., Respondent–Appellant. (Appeal No. 1.)
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT. REBECCA L. DAVISON–MARCH, MAYVILLE, FOR PETITIONER–RESPONDENT. MARY S. HAJDU, LAKEWOOD, ATTORNEY FOR THE CHILDREN.
DAVID J. PAJAK, ALDEN, FOR RESPONDENT–APPELLANT.
REBECCA L. DAVISON–MARCH, MAYVILLE, FOR PETITIONER–RESPONDENT.
MARY S. HAJDU, LAKEWOOD, ATTORNEY FOR THE CHILDREN.
PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:In appeal No. 1, respondent father appeals from an order determining that the subject children are permanently neglected. With the consent of the parties, Family Court suspended judgment for six months. In appeal No. 2, the father appeals from an order revoking the suspended judgment and terminating his parental rights with respect to the children.
Contrary to the father's contention in appeal No. 1, the court properly determined that petitioner demonstrated by the requisite clear and convincing evidence that it made diligent efforts to encourage and strengthen the relationship between the father and the children (see Matter of Jerikkoh W. [Rebecca W.], 134 A.D.3d 1550, 1550, 23 N.Y.S.3d 784 [4th Dept. 2015], lv denied 27 N.Y.3d 903, 2016 WL 1313366 [2016] ). "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child[ren], providing services to the parents to overcome problems that prevent the discharge of the child[ren] into their care, and informing the parents of their child[ren]'s progress" ( Matter of Jessica Lynn W., 244 A.D.2d 900, 900–901, 665 N.Y.S.2d 205 [4th Dept. 1997] ). Here, petitioner had the father psychologically evaluated, provided him with a copy of the report, connected him with mental health providers to address some of his issues, coordinated regular visitation with the children, provided him with parenting classes, encouraged him to schedule medical appointments for the children, provided him with transportation assistance, offered him budget counseling, and encouraged him to maintain safe, suitable, and stable housing.
With respect to appeal No. 2, "it is well settled that, ‘[i]f [petitioner] establishes by a preponderance of the evidence that there has been noncompliance with any of the terms of the suspended judgment, the court may revoke the suspended judgment and terminate parental rights' " ( Matter of Savanna G. [Danyelle M.], 118 A.D.3d 1482, 1483, 988 N.Y.S.2d 812 [4th Dept. 2014] ). Here, there is a sound and substantial basis in the record to support the court's determination that the father failed to comply with the terms of the suspended judgment and that it is in the children's best interests to terminate his parental rights (see Matter of Amanda M. [George M.], 140 A.D.3d 1677, 1678, 32 N.Y.S.3d 533 [4th Dept. 2016] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.