In re Taylor EE.
Opinion of the Court
Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered November 13, 2009, which, in a proceeding pursuant to Family Ct Act article 10-A, found that petitioner did not make reasonable efforts to finalize the permanency plan for Taylor EE.
Taylor EE. (born in 1994) was freed for adoption when his parent’s parental rights were terminated in 2008. His three siblings have all been adopted by one family. Due to Taylor’s developmental disabilities which render him unable to function in a mainstream school or traditional home environment, he is placed at a residential facility. After a permanency hearing,
Although Family Court issued a new permanency hearing order in May 2010, this appeal is not moot because the finding regarding a lack of reasonable efforts may have an effect on petitioner’s receipt of federal funding (see 45 CFR 1356.21 [a], [b] [2]; cf. Matter of Brandon DD. [Jessica EE.], 74 AD3d 1435, 1437 n 2 [2010]).
Family Court did not err in finding that petitioner failed to make reasonable efforts to finalize Taylor’s permanency plan of placement in an adult residential care facility with a significant connection to an adult resource.
Family Court correctly determined that these efforts were not reasonable. The record contained no information about when petitioner made its suggestion to the facility or how long it took for the facility to reject it. Although petitioner informed the court that no relatives were willing, suitable and available to adopt Taylor, petitioner did not explain whether it investigated among relatives to see if they would be willing to serve as a significant connection or resource for Taylor. Taylor had lived in the community for approximately 13 years before his placement with petitioner, yet petitioner did not mention whether it attempted to locate any adults in the community with whom he may have had an established relationship to see if they would be willing to serve as his significant connection. We give deference to the court’s factual findings here, which are supported by a sound and substantial basis in the record (see Matter of
Peters, J.P., Spain, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed, without costs.
Because Taylor was only 15 years old and cannot be placed in an adult residential facility for several years, no issue was raised regarding petitioner’s efforts to place him in such a facility at this time.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.