In re “Baby Boy” P.

1 Citing case

  1. Orange Cnty. Dep't of Soc. Servs. v. Autumn M. (In re Dayyana M.)

    2014 N.Y. Slip Op. 8025 (N.Y. App. Div. 2014)

    The mother also failed to complete parenting classes and maintain regular visitation with the child. An agency that has exercised diligent efforts but is faced with an uncooperative parent is deemed to have fulfilled its statutory obligation ( see Matter of Star Leslie W., 63 NY2d 136, 142; Matter of "Baby Boy" P. [Irena P.], 115 AD3d 861; Matter of Kevin L. [Jose L.L.], 102 AD3d 695; Matter of John M. [Raymond K.], 82 AD3d 1100; see also Matter of Elijah D.W. [Tamica S.E.], 118 AD3d 812). Under these circumstances, the Family Court properly found that, despite diligent efforts by the petitioner, the mother failed to adequately plan for the subject child's future, and, therefore, permanently neglected her ( see Matter of "Baby Boy" P. [Irena P.], 115 AD3d 861; see also Matter of Jameek P., 16 AD3d 420, 421). The Family Court also properly determined that termination of parental rights, rather than the entry of a suspended judgment, was in the best interests of the subject child (see Family Ct Act § 631; Matter of Devon M. [Dina J.], 119 AD3d 864; Matter of Gianni D.M. [Herbert M.], 118 AD3d 1003; Matter of Jessica C. [Johanna B.], 117 AD3d 1044).