Opinion
April 27, 1999
Appeal from the Family Court, Bronx County (Alma Cordova, J.).
The finding of permanent neglect is supported by clear and convincing evidence that respondent did not apprise the agency of her whereabouts for a period well in excess of six months after she became aware of the child's placement with the agency, excusing the agency of its due diligence obligations (Social Services Law § 384-b [e] [i]). Moreover, during this period respondent visited the child, who had been placed with respondent's mother, only infrequently and insubstantially, took no steps to provide an adequate and stable home for the child, and continued to use drugs despite having attended three drug rehabilitation programs (Social Services Law § 384-b[b], [c]; see, Matter of Star Leshe W., 63 N.Y.2d 136, 143; Matter of Aisha Latisha J., 182 A.D.2d 498, lv denied 80 N.Y.2d 759). We also note that even during the two-month period after respondent made herself known to the agency and before the filing of the petition, respondent failed to cooperate with the agency's efforts to arrange visitation and enrollment in drug rehabilitation and parenting skills programs, and continued to live in a place that does not allow children. However, in view of changed circumstances since the dispositional hearing, namely, the unavailability of the child's aunt as an adoptive parent, the movement of the child into two non-kinship foster homes, and indications of progress by respondent during the latter part of the proceedings, the matter is remanded for a new dispositional hearing ( see, Matter of Michael B., 80 N.Y.2d 299, 318).
Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.