Opinion
September 16, 1993
Appeal from the Family Court, New York County (Mary Bednar, J.).
The Family Court properly terminated appellant's parental rights upon the basis of clear and convincing evidence that diligent efforts by petitioner to encourage and strengthen the parental relationship and reunite appellant with the child were thwarted by appellant's repeated failure to maintain contact with or plan for the future of the child (Social Services Law § 384-b). Such efforts included attempts to implement visitation with the child on a bi-weekly basis, repeated attempts to contact appellant whose whereabouts were unknown for long periods of time, repeated scheduling of agency conferences and psychiatric evaluations for which appellant failed to appear, and unsuccessfully encouraging appellant to complete the required treatment for her substance abuse. "Diligent" in this context means "reasonable" (Social Services Law § 384-b [f]). "[A]n 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; see also, Matter of Alexander, 127 A.D.2d 517, 520).
We reject appellant's contention that the Family Court's findings of diligent efforts were improperly based upon the testimony of caseworkers and case records from agencies dealing with appellant's other children. The record reveals that all the agencies coordinated their efforts and repeatedly advised the appellant that her drug addiction was the major obstacle preventing family reunification, thus necessitating the successful completion of a drug rehabilitation plan as a prerequisite to the return of her child. (See, Matter of Michael M., 172 A.D.2d 152; Matter of Ronald YY., 101 A.D.2d 895.)
We have reviewed appellant's remaining claims and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.