Opinion
September 23, 1993
Appeal from the Family Court, New York County (Ruth Jane Zuckerman, J.).
The court properly found that petitioner made diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b [a]). "Of course, the agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments." (Matter of Sheila G., 61 N.Y.2d 368, 385.) A failure by a parent to either maintain contact or realistically plan for the child's future will support a finding of permanent neglect (Matter of Star Leslie W., 63 N.Y.2d 136, 142-143), and such planning responsibilities also apply to parents, such as respondent, who are incarcerated (Matter of Gregory B., 74 N.Y.2d 77, 89). Unable to provide any viable alternative resources, the best that can be said of respondent is that he planned to have the child remain in foster care for at least six years while he remained incarcerated. Such a plan is not appropriate (supra, at 89-90).
Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.