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Matter of Reggie

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1996
223 A.D.2d 471 (N.Y. App. Div. 1996)

Opinion

January 25, 1996

Appeal from the Family Court, New York County (Sheldon Rand, J.).


The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to plan for the child's future by availing herself of the drug rehabilitation program that petitioner agency continually sought and encouraged her to enter ( see, Matter of Star Leslie W., 63 N.Y.2d 136, 142-143; Matter of Fatima Canisha K., 183 A.D.2d 499, lv denied 80 N.Y.2d 756). "[A]n agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments. Indeed, an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty" ( Matter of Sheila G., 61 N.Y.2d 368, 385). The evidence at the dispositional hearing established that the child has been in the same foster home since he was five months old and appears to be thriving there, and that his best interests would be served by adoption into that home ( see, Matter of Star Leslie W., supra, at 147-148).

Concur — Murphy, P.J., Sullivan, Wallach, Kupferman and Ross, JJ.


Summaries of

Matter of Reggie

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1996
223 A.D.2d 471 (N.Y. App. Div. 1996)
Case details for

Matter of Reggie

Case Details

Full title:In the Matter of REGGIE B., a Child Alleged to be Permanently Neglected…

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

Date published: Jan 25, 1996

Citations

223 A.D.2d 471 (N.Y. App. Div. 1996)
636 N.Y.S.2d 790

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