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In re Guardianship, Danyel Ramona C

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2003
306 A.D.2d 127 (N.Y. App. Div. 2003)

Opinion

654

June 17, 2003.

Order of disposition, Family Court, Bronx County (Clark Richardson, J.), entered on or about June 5, 2001, terminating respondent's parental rights to the subject child and committing her custody and guardianship to petitioner agency, upon a fact-finding determination of permanent neglect (Marjory Fields, J.), unanimously affirmed, without costs.

Eva Pappadopoulos, for Danyel Ramona C.

Wendy S. Abels, for respondent-appellant.

Ralph R. Carrieri, for petitioner-respondent.

Before: Tom, J.P., Mazzarelli, Andrias, Rosenberger, Williams, JJ.


The agency's diligent efforts to encourage and strengthen the parental relationship are established by clear and convincing evidence that the agency arranged for the child's regular visitation with respondent, who was incarcerated, kept respondent apprised of the child's progress and explored the resources provided by respondent (see Matter of Amanda C., 281 A.D.2d 714, lv denied 96 N.Y.2d 714). Although respondent maintained contact with the child, none of the resources he provided were viable. Respondent's inability to provide a realistic alternative to foster care until his release from prison constituted a failure to plan for the child's future warranting a finding of permanent neglect (see id.; Matter of Carmen N., 237 A.D.2d 607, lv denied 90 N.Y.2d 805). Termination of respondent's parental rights so as to free the child for adoption by her foster parents, with whom the child has strongly bonded, is in the child's best interests.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Guardianship, Danyel Ramona C

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2003
306 A.D.2d 127 (N.Y. App. Div. 2003)
Case details for

In re Guardianship, Danyel Ramona C

Case Details

Full title:IN RE GUARDIANSHIP, ETC., DANYEL RAMONA C., ETC., A DEPENDENT CHILD UNDER…

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

Date published: Jun 17, 2003

Citations

306 A.D.2d 127 (N.Y. App. Div. 2003)
760 N.Y.S.2d 499

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