Opinion
December 22, 1997
Appeal from the Family Court, Queens County (Lubow, J.).
Ordered that the orders are affirmed insofar as appealed from, without costs or disbursements.
In a proceeding to terminate parental rights based on permanent neglect, the agency must establish as a threshold matter that it exerted diligent efforts to encourage and strengthen the parental relationship ( see, Matter of Sheila G., 61 N.Y.2d 368). The diligent efforts must include "reasonable attempts" at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems which prevent the discharge of the child into their care, and informing the parents of their child's progress ( see, Social Services Law § 384-b [f]; Matter of Jamie M., 63 N.Y.2d 388, 394-395). An agency which has diligently attempted to reunite the parents and child but was confronted by uncooperative parents is deemed to have fulfilled its obligation ( see, Matter of Star Leslie W., 63 N.Y.2d 136, 144).
St. Christopher-Ottilie (hereinafter the Agency) met its burden of establishing by clear and convincing evidence that it exercised diligent efforts to strengthen the parental relationship ( see, Social Services Law § 384-b [a], [f]). Among other things, the Agency established reunification goals for the father which included plans to address his needs, including obtaining permanent and adequate housing and attending parenting skills training sessions and domestic violence counseling. The Agency conducted regular plan reviews, it referred the father to services addressed to his needs, and established a regular visitation schedule with the children. The Agency's efforts did not succeed, however, because the father was uncooperative and unresponsive to its efforts, he failed to complete the parenting skills training sessions or obtain permanent and adequate housing, and his visitations with the subject children were sporadic and, on those occasions when he did visit, usually brief
The record also demonstrates that the Agency met its burden of establishing by clear and convincing evidence that the father permanently neglected the children by failing to plan for their future. Despite the agency's diligent efforts, the father failed to avail himself of the various resources necessary for reunification ( see, Social Services Law § 384-b [c]; Matter of Reggie B., 223 A.D.2d 471; Matter of Dutchess County Dept. of Social Servs. [Tina D.] v. Kenneth D., 213 A.D.2d 714; Matter of Victor James L., 208 A.D.2d 403; Matter of Travis Lee G., 169 A.D.2d 769).
O'Brien, J. P., Pizzuto, Friedmann and Krausman, JJ., concur.