January 25, 1996
Appeal from the Family Court, New York County (Sheldon Rand, J.).
The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to plan for the child's future by availing herself of the drug rehabilitation program that petitioner agency continually sought and encouraged her to enter ( see, Matter of Star Leslie W., 63 N.Y.2d 136, 142-143; Matter of Fatima Canisha K., 183 A.D.2d 499, lv denied 80 N.Y.2d 756). "[A]n agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments. Indeed, an 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). The evidence at the dispositional hearing established that the child has been in the same foster home since he was five months old and appears to be thriving there, and that his best interests would be served by adoption into that home ( see, Matter of Star Leslie W., supra, at 147-148).
Concur — Murphy, P.J., Sullivan, Wallach, Kupferman and Ross, JJ.