Opinion
June 10, 1993
Appeal from the Family Court, New York County (Judith Sheindlin, J.).
Based on the record herein, a finding of permanent neglect was properly made. Also properly found was that the agency exerted diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b; Matter of Jamie M., 63 N.Y.2d 388, 390), specifically to encourage respondent to obtain counseling and secure housing. However, an "agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments. Indeed, an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty" (Matter of Sheila G., 61 N.Y.2d 368, 385). Here, the agency's efforts failed because of respondent's refusal to cooperate (see, Matter of O. Children, 128 A.D.2d 460, 464). Finally, the court properly found that it was in the child's best interest to sever the parental relationship and free her for adoption (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).
Concur — Rosenberger, J.P., Wallach, Ross, Kassal and Nardelli, JJ.