In re Jerry XX.
Opinion of the Court
Appeal from an order of the Family Court of Clinton County (McGill, J.), entered December 20, 1996, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respon
In 1993, as the result of prior proceedings pursuant to Family Court Act article 10, respondent’s four children were found to be neglected and placed in foster care; subsequent extensions of the placement were granted. Respondent’s previous appeals of the neglect determinations were dismissed as moot (see, Matter of Jerry XX., 243 AD2d 988, 988-989). Petitioner commenced the instant proceeding pursuant to Social Services Law § 384-b in October 1995. Following a 10-day fact-finding hearing which concluded in October 1996, Family Court found the children to be permanently neglected. At the conclusion of the dispositional hearing which followed, respondent’s parental rights were terminated and this appeal ensued.
Our review of the voluminous record convinces us that petitioner has more than adequately established, by clear and convincing evidence, satisfaction of its statutory duty to exercise diligent efforts to strengthen the parental relationship and reunite the family (see, Matter of Star Leslie W., 63 NY2d 136, 142; Matter of Billie Jean II., 243 AD2d 771, lv denied 91 NY2d 805; Matter of Michael U., 226 AD2d 779, mots denied 88 NY2d 805; Matter of Michelle F., 222 AD2d 747; Matter of Shannon U., 210 AD2d 752, lv denied 85 NY2d 807).
Petitioner presented extensive evidence of a comprehensive service plan designed to assist respondent in attaining the goal of the return of her children. Formulated to address the particular needs of respondent and her children (see, Matter of Michael U., supra, at 781), the plan entailed accessing a multitude of services to enable respondent to plan for the future by ameliorating the conditions resulting in the placement. It included referrals for mental health and alcoholism counseling for respondent, involvement in the education and mental health treatment of her children, parenting classes, the provision of a homemaker to assist respondent in establishing a safe and stable home and developing basic homemaking skills. Petitioner regularly informed respondent about the children’s education, health, therapy schedules and their general progress. Petitioner arranged for telephone contact between respondent and her children, and implemented regular supervised visitation. Several adjustments to the visitation plan were undertaken by petitioner in an effort to accommodate respondent’s difficulties in managing visitation with all four children simultaneously. The details and objectives of the service plan were reviewed with respondent in regular casework consultations, face-to-face meetings and service plan reviews, in addition to telephone contacts and discussions incidental to visitation.
As petitioner has clearly demonstrated fulfillment of its obligation to exercise diligent efforts to strengthen and encourage the parental relationship, we find that Family Court properly terminated respondent’s parental rights and freed these children for adoption.
Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.