Opinion
November 16, 1993
Appeal from the Family Court, New York County (Mary Bednar, J.).
Since respondent admittedly failed for a period of more than six months to keep the agency apprised of her whereabouts, the agency was relieved of its statutory obligation to prove that it made diligent efforts to strengthen the parent/child relationship (Social Services Law § 384-b [e] [i]; Matter of Brooke Louise H., 158 A.D.2d 425, 426). In any event, the agency's diligent efforts to locate and establish contact with respondent and have her plan for her children were thwarted by respondent's utter refusal to cooperate or even speak with the caseworkers. An agency faced with a totally uncooperative parent is deemed to have fulfilled its statutory obligations (supra). Further, respondent failed to discharge her responsibility to plan for the return of her children (Social Services Law § 384-b [a]). After the finding of neglect, the court also properly determined that it was in the best interests of the children to terminate respondent's parental rights (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).
Concur — Carro, J.P., Rosenberger, Kassal and Rubin, JJ.