IN RE DE'LYN D.W., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., LIZA CARMEN T., ETC., resapp v. MERCYFIRST, pet-res

IN RE DE'LYN D.W., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., LIZA CARMEN T., ETC., resapp v. MERCYFIRST, pet-res — Steven N. Feinman, White Plains, for ap — Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for res — Tennille M. Tatum-Evans, New York, attorney for the child — Resettled order, Family Court, New York County (Stewart Weinstein, J.), entered on or about May 27, 2015, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

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IN RE DE’LYN D.W., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., LIZA CARMEN T., ETC., resapp v. MERCYFIRST, pet-res — Steven N. Feinman, White Plains, for ap — Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for res — Tennille M. Tatum-Evans, New York, attorney for the child — Resettled order, Family Court, New York County (Stewart Weinstein, J.), entered on or about May 27, 2015, which, upon a finding of permanent neglect, terminated respondent mother’s parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

The determination of permanent neglect is supported by clear and convincing evidence that respondent failed to plan for the child’s future, despite diligent efforts by the agency to encourage and strengthen the parental relationship (Social Services Law _ 384-b[7]). The agency fulfilled its duty to make diligent efforts to provide respondent with assistance by developing a comprehensive service plan to address respondent’s hoarding problem, maintaining frequent contact with her, ensuring her participation in scheduled services, and facilitating her visits and contact with the child. “The parent must assume some measure of initiative and responsibility [and] [t]he agency will be deemed to have fulfilled its duty if its reasonable efforts are rebuffed by an uncooperative or indifferent parent” (Matter of Imani Elizabeth W., 56 AD3d 318, 319 [1st Dept 2008] [internal citation omitted]).

IN RE DE'LYN D.W., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., LIZA CARMEN T., ETC., resapp v. MERCYFIRST, pet-res

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