In re Carter A.

121 A.D.3d 1217, 993 N.Y.S.2d 799

This text of 121 A.D.3d 1217 (In re Carter A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Carter A., 121 A.D.3d 1217, 993 N.Y.S.2d 799 (N.Y. Ct. App. 2014).

Opinion

Garry, J.

Appeal from an order of the Family Court of Cortland County (Campbell, J.), entered July 22, 2013, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate the subject child to be permanently neglected, and terminated respondent’s parental rights.

Respondent was 15 years old when she gave birth to the subject child in August 2011. The child was removed from her care in October 2011 and, following a brief placement with the maternal grandmother, was placed in January 2012 with a foster family, with whom he still resides. In August 2012, the child was adjudicated to be neglected and, in October 2012, petitioner commenced this permanent neglect proceeding. Following fact-finding and dispositional hearings, Family Court adjudicated the child to be permanently neglected and terminated respondent’s parental rights. Respondent appeals.

We agree with Family Court that petitioner complied with its threshold statutory obligation to exercise diligent efforts to [1218]*1218encourage and strengthen the relationship between respondent and the child (see Social Services Law § 384-b [7] [a]; Matter of Star Leslie W., 63 NY2d 136, 142 [1984]). To satisfy this duty, petitioner must make practical and reasonable efforts to ameliorate the problems preventing reunification and strengthen the family relationship by such means as assisting the parent with visitation, providing information on the child’s progress and development, and offering counseling and other appropriate educational and therapeutic programs and services (see Matter of Thomas JJ., 20 AD3d 708, 709-710 [2005]; Matter of Jessica UU., 174 AD2d 98, 100 [1992]). Here, petitioner referred respondent to services, including parenting classes, preventive services, substance abuse evaluations and treatment, domestic violence education, family counseling services and mental health evaluations, as well as individual meetings with petitioner’s caseworker in which, among other things, respondent was encouraged to terminate her relationship with the child’s father, who had a history of violence against respondent and others. Petitioner kept respondent informed of the child’s progress through both reports and individual meetings, facilitated visitation several times each week, and provided the assistance and supervision of a parenting educator. When respondent was unable to arrange counseling at the facility of her choice due to an outstanding billing issue, petitioner’s caseworker referred her to an alternate facility, provided bus passes, and offered to drive respondent to her appointments.

Respondent contends that these services were inadequate because of her youth, and that she should have been placed in foster care with the child, rather than being directed to live in her mother’s household, as her mother failed to provide her with transportation and other support, and the conflict and instability in that household interfered with her progress toward maturity. As Family Court noted, however, respondent was not the subject of this proceeding, and there is no statutory authority by which either petitioner or the court can place a respondent in a permanent neglect proceeding in foster care.

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Bluebook (online)
121 A.D.3d 1217, 993 N.Y.S.2d 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-carter-a-nyappdiv-2014.