In re George M.
Opinion of the Court
Appeals from two orders of the Family Court of Warren County (Breen, J.), entered February 1, 2007 and March 8, 2007, which, among other things, granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate George M. a permanently neglected child, and terminated respondent’s parental rights.
Respondent is the biological mother of a son (born in March 2005). In June 2005, following the filing of a neglect petition and the holding of a preliminary hearing, respondent consented to the temporary removal of the child from her care and his placement in petitioner’s custody. Petitioner had had prior contact with respondent in June 2004 when her four other children were placed in foster care after it was discovered that the family was homeless and that respondent was unable to provide for the children’s basic needs. At that time, petitioner developed a risk assessment and service plan to enable respondent to regain custody of these children. In December 2005, Family Court issued an order of protection and an order of fact-finding and disposition with placement concerning the child that identified conditions similar to those contained in the prior service plan that respondent had to satisfy in order to regain custody of this child.
Initially, “[t]o obtain a termination of parental rights based upon permanent neglect, petitioner is required to prove by clear and convincing evidence that the parent failed to maintain contact with or plan for the future of his or her child for one year after the child came into petitioner’s custody notwithstanding petitioner’s diligent efforts to strengthen the parent-child relationship” (Matter of Melissa DD., 45 AD3d 1219, 1220 [2007], lv denied 10 NY3d 701 [2008]; see Social Services Law § 384-b [7] [a]). The threshold inquiry is whether petitioner has undertaken diligent efforts to strengthen the parental relationship by, among other things, providing “counseling, making suitable arrangements for visitation, providing assistance to the parents to resolve or ameliorate the problems preventing discharge of the child to their care and advising the parent at appropriate intervals of the child’s progress and development” (Matter of Star Leslie W., 63 NY2d 136, 142 [1984]; see Social Services Law § 384-b [7] [f]; see e.g. Matter of Aldin H., 39 AD3d 914, 915 [2007]; Matter of Raena O., 31 AD3d 946, 947-948 [2006]). “Once [petitioner] has demonstrated that it has made the requisite diligent efforts, the parent must show that his or her problems have been addressed and that there is a meaningful plan for the child’s future” (Matter of James X., 37 AD3d 1003, 1006 [2007] [citations omitted]). More specifically, planning for the future of the child means “tak[ing] the necessary steps to provide an adequate, stable home and parental care for the child, including the utilization of medical, psychiatric, psychological and other social and rehabilitative services and material resources made available to such parent” (id.; see Social Services Law § 384-b [7] [c]; Matter of Nathaniel T, 67 NY2d 838, 840 [1986]).
In addition, contrary to respondent’s claim, the proof amply supports Family Court’s finding that respondent violated the December 2005 orders “willfully and without just cause” (Family Ct Act § 1072). Respondent’s limited financial resources are not an excuse for her failure to comply with the conditions set forth in the December 2005 orders, many of which had no
Mercure, J.E, Peters, Spain and Lahtinen, JJ., concur. Ordered that the orders are affirmed, without costs.
. Prior to the filing of this petition, respondent surrendered her parental rights to her other four children.
. Respondent’s husband, the child’s biological father, voluntarily surrendered his parental rights at the fact-finding hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.