Opinion
October 27, 1998
Appeal from the Family Court, New York County (Leah Marks, J.).
Clear and convincing evidence supports Family Court's finding of permanent neglect against respondent, based on respondent's substantial and repeated failure to plan for his child's future for a period of more than one year. During the relevant time period, respondent failed to avail himself of the medical training necessary to enable him to care for the HIV-positive child ( see, Matter of Jamie M., 63 N.Y.2d 388, 393; Matter of Paul H., 208 A.D.2d 402, 403), notwithstanding petitioner agency's diligent efforts to encourage respondent's attendance at medical training sessions scheduled to coincide and be held in conjunction with respondent's child visitation at the agency. Although respondent attended training sessions less sporadically from April 14, 1994 until the filing of the instant petition on September 27, 1994, this change was evidently motivated by tactical legal considerations, not by recognition of the seriousness of the child's medical condition, or appreciation of the need for the training, which respondent continued to deprecate even at the hearing of this matter, and from which training he evidently learned little.
The evidence also warranted Family Court's determination at the dispositional hearing that the child's best interests would be served by transfer of custody and guardianship for purposes of adoption by the foster mother. The foster parents were the only family the child had ever known, and the surviving foster mother has cared for the child since his earliest infancy, and has become adept at administering the medical care necessary to maintain his fragile health.
Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.