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Matter of Alise

Appellate Division of the Supreme Court of New York, First Department
Jan 12, 1995
211 A.D.2d 467 (N.Y. App. Div. 1995)

Opinion

January 12, 1995

Appeal from the Family Court, New York County (Leah Marks, J.).


The record reveals that respondent continuously resisted diligent efforts by petitioner-agency to develop and encourage the parental relationship, including numerous attempts to obtain treatment for respondent's drug problems. While an agency is obliged to make diligent efforts to encourage and strengthen the parental relationship, such efforts are subject to a rule of reason — "`the agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments'", and is deemed to have fulfilled its duty if it "`has embarked on a diligent course but faces an utterly unco-operative or indifferent parent'" (Matter of O. Children, 128 A.D.2d 460, 464, quoting Matter of Sheila G., 61 N.Y.2d 368, 385). The record also reveals that respondent failed to maintain contact with and plan for the future of the subject child within the meaning of Social Services Law § 384-b (7) (a)-(c). We have considered respondent's other arguments and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.


Summaries of

Matter of Alise

Appellate Division of the Supreme Court of New York, First Department
Jan 12, 1995
211 A.D.2d 467 (N.Y. App. Div. 1995)
Case details for

Matter of Alise

Case Details

Full title:In the Matter of TY-ASIA ALISE K., a Child Alleged to be Neglected. LOUISE…

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

Date published: Jan 12, 1995

Citations

211 A.D.2d 467 (N.Y. App. Div. 1995)
621 N.Y.S.2d 317