In re Timonthy B.
Opinion of the Court
Order reversed and matter remitted to Monroe County Family Court for further proceedings, in accordance with the following memorandum. In this proceeding for termination of parental rights on the basis of permanent neglect (Social Services Law, § 384-b, subd 4, par [d]; subd 7, par [a]), Family Court erred in dismissing the petition at the close of petitioner’s case on the ground that petitioner failed to establish a prima facie case, specifically that it failed to show “diligent efforts to encourage and strengthen the parental relationship” (Social Services Law, § 384-b, subd 7, par [a]). We find that the petitioner established prima facie that it made “reasonable attempts *** to assist,
All concur, except Callahan and Moule, JJ., who dissent and vote to affirm. (Appeal from order of Monroe County Family Court, Scudder, J. — termination of parental rights.) Present — Hancock, Jr., J. P., Callahan, Green, O’Donnell and Moule, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.