Opinion
04-05-2016
In re KADIZA D., A Child Under the Age of Eighteen Years, etc., Saaniel T., Respondent–Appellant, v. Abbott House, Petitioner–Respondent.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. John R. Eyerman, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
John R. Eyerman, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Opinion
Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about March 6, 2015, which, to the extent appealed from as limited by the briefs, found that respondent mother had permanently neglected the subject child, unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence (see Social Services Law § 384–b[7][a] ). The record shows that petitioner agency exercised diligent efforts to encourage and strengthen the parental relationship by, among other things, encouraging visitation with the subject child and referring the mother for parenting skills and mental health services (see § 384–b[7][f]; Matter of O. Children, 128 A.D.2d 460, 463–464, 513 N.Y.S.2d 153 [1st Dept.1987] ). The mother's failure to cooperate is not the fault of the agency, as it is not a guarantor of the mother's success (see Matter of Imani Elizabeth W., 56 A.D.3d 318, 319, 868 N.Y.S.2d 171 [1st Dept.2008] ).
TOM, J.P., FRIEDMAN, RICHTER, GISCHE, GESMER, JJ., concur.