In re Kimberly J.
Opinion of the Court
Order unanimously modified on the law and facts and as
We conclude, however, that the court erred in dismissing the amended petitions in docket Nos. B-l-92 (R) and B-3-92 (R) that sought termination of respondents’ parental rights on the alternative ground that respondents failed to plan for the future of their child (Social Services Law § 384-b [7] [a]). In dismissing those amended petitions, the court erroneously found that petitioner failed to make diligent efforts to encourage and strengthen the parental relationship (see, Social Services Law § 384-b [7] [a]). Petitioner established by clear and convincing proof that it consulted and cooperated with the parents in developing a service plan, provided services to respondents to help them resolve their parenting problems, made visitation arrangements for respondents and their child, and kept respondents informed of their child’s progress, development and health (see, Social Services Law § 384-b [7] [i]; Matter of Nassau County Dept. of Social Servs. [James M.] v Diana T., 207 AD2d 399, 400-401; Matter of Devon C., 186 AD2d 738, 739; Matter of O. Children, 128 AD2d 460, 463-465). Furthermore, "an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty” (Matter of Sheila G., 61 NY2d 368, 385). Here, the reasonable efforts of petitioner to foster the parent-child relationship were thwarted by the lack of cooperation and, at times, the hostility of respondents (see, e.g., Matter of Nassau County Dept. of Social Servs. [James M.] v Diana T., supra; Matter of O. Children, supra; Matter of Star Leslie W., 63 NY2d 136, 142-144).
We also conclude that petitioner met its burden of establishing by clear and convincing proof that, despite its diligent ef
In view of our determination to affirm that part of the order that terminated respondents’ rights based on mental illness and mental retardation, we need not remit this matter to Family Court for further proceedings on the amended petitions in docket Nos. B-l-92 (R) and B-3-92 (R). (Appeals from Order of Oneida County Family Court, Morgan, J.—Terminate Parental Rights.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.