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Matter of Jessica Lynn W

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 900 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(Appeal from Order of Monroe County Family Court, Bonadio, J. — Terminate Parental Rights.)

Present — Denman, P. J., Pine, Wisner, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that petitioner, Monroe County Department of Social Services, failed to make diligent efforts to strengthen and encourage his relationship with his child ( see, Social Services Law § 384-b [a], [f]). Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems that prevent the discharge of the child into their care, and informing the parents of their child's progress ( see, Social Services Law § 384-b[f]; Matter of Star Leslie W., 63 N.Y.2d 136, 142). The record establishes by clear and convincing evidence that, although petitioner made "affirmative, repeated, and meaningful efforts" to assist respondent, its efforts were fruitless because respondent was utterly uncooperative ( Matter of Shelia G., 61 N.Y.2d 368, 385; see, Matter of Christine B., 231 A.D.2d 916, lv denied 89 N.Y.2d 806).

We reject the further contention of respondent that petitioner failed to establish by clear and convincing evidence that he failed to plan for his child's future ( see, Social Services Law § 384-b [a]). In order to plan adequately for the future of a child, a parent must "assume a measure of initiative and responsibility" ( Matter of Jamie M., 63 N.Y.2d 388, 393; see, Matter of Jesus JJ., 232 A.D.2d 752, lv denied 89 N.Y.2d 809). "At a minimum, parents must `take steps to correct the conditions that led to the removal of the child from their home'" ( Matter of Nathaniel T., 67 N.Y.2d 838, 840, quoting Matter of Leon RR, 48 N.Y.2d 117, 125). Mere denial of culpability or responsibility for the conditions is insufficient ( see, Matter of Sonia H., 177 A.D.2d 575, 576-577). The failure of respondent to plan is evidenced by his uncooperative attitude, his failure to address in any manner his serious parental inadequacies, his refusal to become involved in addressing the child's mental health needs, and his failure to obtain stable housing or a legitimate source of income.


Summaries of

Matter of Jessica Lynn W

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 900 (N.Y. App. Div. 1997)
Case details for

Matter of Jessica Lynn W

Case Details

Full title:In the Matter of JESSICA LYNN W., a Child Alleged to be Permanently…

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

Date published: Nov 19, 1997

Citations

244 A.D.2d 900 (N.Y. App. Div. 1997)
665 N.Y.S.2d 205

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