In re Erica J.
Opinion of the Court
— In a proceeding pursuant to Social Services Law § 384-b and Family Court Act article 6 to permanently terminate parental rights on the ground of permanent neglect due to mental illness, the petitioner appeals from so much of an order of the Family Court, Queens County (Ambrosio, J.), dated March 28, 1988, as dismissed the petition insofar as it is asserted against the natural mother.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Family Court found that the petitioner, the Brooklyn Home for Children, has not demonstrated the statutorily mandated diligent efforts to assist the mother in planning for the return of Erica. Therefore, it held that there can be no finding of permanent neglect by the mother. We agree. In a proceeding to terminate parental rights based on permanent neglect, the threshold consideration is whether the agency has discharged its statutory obligation to exercise diligent efforts to encourage and strengthen the parental relationship (see, Matter of Jamie M., 63 NY2d 388; Matter of Sheila G., 61 NY2d 368). In the instant case, the crux of the petitioner’s allegation of permanent neglect against the mother was that she refused to cooperate with the agency’s supervised home visitation and thereby failed to plan for Erica’s return. However, the evidence shows that the agency caseworkers did not adequately help the mother to plan for Erica’s return. Despite
Moreover, the petitioner has failed to show, by clear and convincing evidence, that the mother is, presently and for the foreseeable future, unable, by reason of mental illness or mental retardation, to provide proper and adequate care for her child (see, Matter of Dochingozi B., 57 NY2d 641; Social Services Law § 384-b [4] [c]). The Family Court held that "it is far from clear that the respondent [mother] can not be given parenting skills to deal with appropriately disciplining her child in the future”. Its findings must be accorded the greatest respect (see, Matter of Nathaniel T., 67 NY2d 838). Mangano, J. P., Thompson, Eiber and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.