In re Abraham C.
Opinion of the Court
Appeals from an order of the Family Court, Monroe County (Anthony J. Sciolino, J.), entered December 13, 2006 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated the parental rights of respondents.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondents appeal from an order adjudicating their child to be permanently neglected and terminating their parental rights with respect to him. Respondents previously consented to a finding of neglect and the child was placed in petitioner’s custody when petitioner discovered that the child, then three months old, had sustained multiple fractures. The child thereafter was returned to respondents on two occasions. Petitioner commenced this proceeding seeking to terminate respondents’ parental rights, alleging that respondents failed to keep the child safe while in their care and that the child sustained physical injuries and/or was medically neglected.
Respondent father failed to preserve for our review his contention that the petition is jurisdictionally defective because it failed to set forth the requisite diligent efforts of petitioner to
Also contrary to the contention of the father, Family Court properly determined that petitioner made diligent efforts to reunite him with the child (see Social Services Law § 384-b [7] [a], [f]; see Matter of Stephen S., 12 AD3d 1181 [2004]). Petitioner established that its caseworker met with respondent mother on numerous occasions and that, although the father was invited to attend those meetings, he did not attend many of them. Petitioner arranged for the father’s visitation with the child, including supervised visitation in respondents’ home. Also, as previously noted, petitioner returned the child to respondents’ care on two occasions and offered respondents services such as counseling, parenting classes, and daycare for the child. In addition, petitioner offered to assist respondents in applying for public assistance. Petitioner’s caseworker met with respondents to explain the medical and dietary requirements of the child before he was returned to their care. Further, petitioner provided a Spanish-speaking interpreter for the father when he had difficulty understanding the caseworker and also arranged for a Spanish-speaking therapist to counsel respondents.
Contrary to the contention of respondents, we conclude that the court properly determined that they failed to plan for the future of the child, despite their visitation with the child and compliance with the services offered by petitioner. “ ‘[T]o plan for the future of the child’ shall mean to take such steps as may be necessary to provide an adequate, stable home and parental care for the child” (Social Services Law § 384-b [7] [c]). “At a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.