In re Richard X.

226 A.D.2d 762, 640 N.Y.S.2d 628, 1996 N.Y. App. Div. LEXIS 3515
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 4, 1996
StatusPublished
Cited by19 cases

This text of 226 A.D.2d 762 (In re Richard X.) 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 Richard X., 226 A.D.2d 762, 640 N.Y.S.2d 628, 1996 N.Y. App. Div. LEXIS 3515 (N.Y. Ct. App. 1996).

Opinion

Cardona, P. J.

Appeals from two orders of the Family Court of Schenectady County (Reilly, J.), entered March 1, 1994, which granted petitioner’s applications, in four proceedings pursuant to Social Services Law § 384-b, to adjudicate certain of respondents’ children to be permanently neglected and abandoned, and terminated respondents’ parental rights.

Pursuant to an order of Family Court made on November 22, 1989, Richard X., born in 1988, was adjudicated neglected by his mother, respondent Marion X., and temporarily placed in petitioner’s custody. The child’s father remains unknown. The child was returned to his mother’s home in July 1990. Thereafter, the mother gave birth to Joseph Y. later in 1990. The father of this child is respondent Joseph DD. By order dated December 11, 1991, both children were adjudicated neglected by the mother and were placed in petitioner’s custody for a one-year period. In July 1992, petitioner filed permanent neglect petitions against respondents and in April 1993 filed two additional petitions against respondents seeking to have the children adjudicated abandoned. Family Court allowed all [763]*763four petitions to proceed simultaneously. Following a hearing, the court adjudicated the children abandoned and permanently neglected, and terminated respondents’ parental rights. Respondents appeal.

Turning first to permanent neglect, such a finding must be based upon clear and convincing evidence (see, Social Services Law § 384-b [3] [g]; [7] [a]). The threshold inquiry is whether petitioner exercised diligent efforts to encourage and strengthen respondents’ relationship with the children (see, Matter of Star Leslie W., 63 NY2d 136, 142; Matter of Chianti FF., 205 AD2d 849, 850). Such efforts include developing a plan for appropriate services, arranging for visitation and providing services (see, Social Services Law § 384-b [7] [f]). An agency, however, is not the guarantor of a parent’s success (see, Matter of Amanda R., 215 AD2d 220, lv denied 86 NY2d 705) and is required only to make "reasonable attempts” to foster the parent-child relationship (Social Services Law § 384-b [7] [f]).

A review of this record leads us to conclude that petitioner fulfilled its duty to encourage the parental relationship. With respect to the mother, a service plan was prepared and she was directed, inter alia, to participate in drug evaluations, visitation and parenting programs. Petitioner arranged visitation, provided the mother with money for transportation and sought out a parenting program. Petitioner’s efforts were frustrated by the mother’s failures to comply with the visitation schedule and successfully participate in drug rehabilitation. She missed 48 of the 62 scheduled visits, despite petitioner’s efforts to remind her of visitation through letters and personal visits to her home.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Amor S.
50 A.D.3d 8 (Appellate Division of the Supreme Court of New York, 2008)
In re the Custody & Guardianship of La'Asia S.
191 Misc. 2d 28 (NYC Family Court, 2002)
In re Michael F.
285 A.D.2d 694 (Appellate Division of the Supreme Court of New York, 2001)
In re Chantelle TT.
281 A.D.2d 660 (Appellate Division of the Supreme Court of New York, 2001)
In re Nahja I.
279 A.D.2d 666 (Appellate Division of the Supreme Court of New York, 2001)
In re Omar RR.
270 A.D.2d 588 (Appellate Division of the Supreme Court of New York, 2000)
In re Gina I.
270 A.D.2d 21 (Appellate Division of the Supreme Court of New York, 2000)
In re Guipson N.
262 A.D.2d 489 (Appellate Division of the Supreme Court of New York, 1999)
In re Charles U.
254 A.D.2d 588 (Appellate Division of the Supreme Court of New York, 1998)
In re Amanda JJ.
254 A.D.2d 544 (Appellate Division of the Supreme Court of New York, 1998)
In re Children's Village
247 A.D.2d 470 (Appellate Division of the Supreme Court of New York, 1998)
In re Josephine O.
245 A.D.2d 900 (Appellate Division of the Supreme Court of New York, 1997)
In re Candice K.
245 A.D.2d 821 (Appellate Division of the Supreme Court of New York, 1997)
In re Rasheen Lamont J.
244 A.D.2d 901 (Appellate Division of the Supreme Court of New York, 1997)
In re April B.
242 A.D.2d 926 (Appellate Division of the Supreme Court of New York, 1997)
In re Nahiem G.
241 A.D.2d 632 (Appellate Division of the Supreme Court of New York, 1997)
In re Tasha B.
240 A.D.2d 778 (Appellate Division of the Supreme Court of New York, 1997)
In re Heather QQ.
234 A.D.2d 857 (Appellate Division of the Supreme Court of New York, 1996)
In re Michelle S.
234 A.D.2d 800 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
226 A.D.2d 762, 640 N.Y.S.2d 628, 1996 N.Y. App. Div. LEXIS 3515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-richard-x-nyappdiv-1996.