Opinion
2001-08083
Submitted June 13, 2002
July 30, 2002.
In a proceeding pursuant to Social Services Law § 384-b, the petitioner appeals from an order of the Family Court, Dutchess County (Brands, J.), dated July 31, 2001, which denied the petition and dismissed the proceeding.
Ian G. MacDonald, County Attorney, Poughkeepsie, N.Y. (Laura Gail Skojec of counsel), for appellant.
Brian M. Judge, Pleasant Valley, N.Y., for respondent.
Wolfson, Greller, Egitto, Kitchen Klein, LLP, Poughkeepsie, N.Y. (Lee David Klein of counsel), Law Guardian for the child.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
In a proceeding to terminate parental rights based on permanent neglect, the agency must, as a threshold matter, establish that it made diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384-b[a]; Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Sheila G., 61 N.Y.2d 368, 371; Matter of Chimere C., 259 A.D.2d 615). In addition, those efforts must be tailored to the needs of the individual situation (see Matter of Alex LL., 270 A.D.2d 523).
The determination of the Family Court, which had the opportunity to see and hear the witnesses, should not be disturbed absent a showing that it is unsupported by the record (see Salvati v. Salvati, 221 A.D.2d 541). The record supports the Family Court's determination that the petitioner failed to undertake diligent efforts to strengthen familial ties before seeking to terminate the respondent's parental rights (see Matter of Sheila G., supra; Matter of Little Flower Children's Servs. v. Selena Maria W., 253 A.D.2d 556, 557; Matter of Alex LL., supra; Matter of Jesus JJ., 223 A.D.2d 955). In particular, the agency failed to tailor its efforts to the needs of this particular parent and child (see Matter of Alex LL., supra; Matter of Jesus JJ., supra; Matter of Jessica UU., 174 A.D.2d 98).
O'BRIEN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.