Opinion
March 18, 1996
Appeal from the Family Court, Suffolk County (Trainor, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Suffolk County, for further proceedings consistent herewith.
The Family Court erred when it determined that the petitioner failed to prove by clear and convincing evidence that it had fulfilled its statutory duty to exercise diligent efforts to encourage and strengthen the respondent's relationship with her daughter, Yvonne (see, Social Services Law § 384-b [a]; Matter of Nassau County Dept. of Social Servs. [James M.] v Diana T., 207 A.D.2d 399, 400-401; Matter of Shantelle W., 185 A.D.2d 935, 938). Since the petitioner satisfied its burden of proof, the Family Court should have considered and determined whether the respondent had planned for the future of the child by taking the necessary steps to overcome her substance abuse problem (see generally, Matter of Shantelle W., supra, at 938-939; Matter of Westchester County Dept. of Social Servs. [Thomas Dewayne W.], 207 A.D.2d 496, 497; Matter of Desire Star H., 202 A.D.2d 582, 584; Matter of Orange County Dept. of Social Servs. [Jeremy Myles P.] v Joann P., 195 A.D.2d 512, 513). Mangano, P.J., Bracken, Copertino and Pizzuto, JJ., concur.