Opinion
November 2, 1995
Appeal from the Family Court, New York County (Jeffrey Gallet, J.).
The proof established by clear and convincing evidence that the agency's efforts to develop and encourage a meaningful parental relationship, which included referral to drug rehabilitation and parenting programs and other services, were diligent, but unsuccessful. Despite respondent's intermittent efforts to visit the child, she consistently failed to plan for the child, which required, at a minimum, that she successfully achieve rehabilitation from her drug dependency ( see, Matter of Wesley F., 190 A.D.2d 576; Matter of June Y., 128 A.D.2d 538). As is oft-stated, "`the agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments'" ( Matter of O. Children, 128 A.D.2d 460, 464, quoting Matter of Sheila G., 61 N.Y.2d 368, 385).
Concur — Sullivan, J.P., Ellerin, Ross, Tom and Mazzarelli, JJ.