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Matter of Little F. Ch. Serv. v. Selena W

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 556 (N.Y. App. Div. 1998)

Opinion

August 31, 1998

Appeal from the Family Court, Kings County (Grosvenor, J.).


Ordered that the orders of disposition are affirmed insofar as appealed from, without costs or disbursements.

The petitioner, Little Flower Children's Services (hereinafter Little Flower), commenced these proceedings, inter alia, to terminate the parental rights of the respondent mother on the ground of permanent neglect ( see, Social Services Law § 384-b [a]). At the close of a fact-finding hearing, the Family Court granted the mother's motion to dismiss the petitions as against her on the ground that Little Flower had failed to meet its threshold burden of demonstrating that it had undertaken diligent efforts to encourage and strengthen the parental relationship ( see, Matter of Gregory B., 74 N.Y.2d 77; Matter of Sheila G., 61 N.Y.2d 368; Matter of Alicia Shante H., 245 A.D.2d 509). We affirm.

The appeals bring into sharp focus the necessity and importance of maintaining accurate and complete records. At the hearing, Little Flower relied on the testimony of a single caseworker. However, the caseworker, whose testimony was contradictory on several points, had little or no independent recollection of the relevant events and relied heavily on her notes and the agency's records. The notes and records, some of which were generated months after the subject event had occurred, proved inaccurate and incomplete. In sum, there was a failure of proof and the Family Court properly dismissed the petitions as against the mother ( see, Matter of Lisa M., 222 A.D.2d 1088; Matter of Jessica UU., 174 A.D.2d 98).

Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.


Summaries of

Matter of Little F. Ch. Serv. v. Selena W

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 556 (N.Y. App. Div. 1998)
Case details for

Matter of Little F. Ch. Serv. v. Selena W

Case Details

Full title:In the Matter of LITTLE FLOWER CHILDREN'S SERVICES, on Behalf of JOHN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 31, 1998

Citations

253 A.D.2d 556 (N.Y. App. Div. 1998)
677 N.Y.S.2d 169

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