In re Reggie B.

Appellate Division of the Supreme Court of New York

In re Reggie B.

223 A.D.2d 471, 636 N.Y.S.2d 790, 1996 N.Y. App. Div. LEXIS 573

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 1996

StatusPublished

Cited by4 cases

This text of 223 A.D.2d 471 (In re Reggie B.) 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 Reggie B., 223 A.D.2d 471, 636 N.Y.S.2d 790, 1996 N.Y. App. Div. LEXIS 573 (N.Y. Ct. App. 1996).

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Opinion

Order of disposition, Family Court, New York County (Sheldon Rand, JO, entered on or about April 23, 1993, terminating respondent’s parental rights upon a finding of permanent neglect, and transferring guardianship and custody of the subject child to petitioners for purposes of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to plan for the child’s future by availing herself of the drug rehabilitation program that petitioner agency continually sought and encouraged her to enter (see, Matter of Star Leslie W., 63 NY2d 136, 142-143; Matter of Fatima Canisha K., 183 AD2d 499, lv denied 80 NY2d 756). "[A]n agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments. Indeed, an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty” (Matter of Sheila G., 61 NY2d 368, 385). The evidence at the dispositional hearing established that the child has been in the same foster home since he was five months old and appears to be thriving there, and that his best interests would be served by adoption into that home (see, Matter of Star Leslie W., supra, at 147-148). Concur—Murphy, P. J., Sullivan, Wallach, Kupferman and Ross, JJ.

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Order of disposition, Family Court, New York County (Sheldon Rand, JO, entered on or about April 23, 1993, terminating respondent’s parental rights upon a finding of permanent neglect, and transferring guardianship and custody of the subject child to petitioners for purposes of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to plan for the child’s future by availing herself of the drug rehabilitation program that petitioner agency continually sought and encouraged her to enter (see, Matter of Star Leslie W., 63 NY2d 136, 142-143; Matter of Fatima Canisha K., 183 AD2d 499, lv denied 80 NY2d 756). "[A]n agency is not charged with a guarantee that the parent succeed in overcoming his or her predicaments. Indeed, an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty” (Matter of Sheila G., 61 NY2d 368, 385). The evidence at the dispositional hearing established that the child has been in the same foster home since he was five months old and appears to be thriving there, and that his best interests would be served by adoption into that home (see, Matter of Star Leslie W., supra, at 147-148). Concur—Murphy, P. J., Sullivan, Wallach, Kupferman and Ross, JJ.

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Bluebook (online)

223 A.D.2d 471, 636 N.Y.S.2d 790, 1996 N.Y. App. Div. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reggie-b-nyappdiv-1996.

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