IN RE: T.R. (2026)

Order, Family Court, Bronx County (Alicea Elloras–Ally, J.), entered on or about October 25, 2024, which, to the extent appealed from, upon a finding of permanent neglect, terminated respondent father's parental rights to the subject child and transferred the child's care and custody to petitioner agency and the Commissioner of the Administration for Children's Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports the determination that the agency made diligent efforts to encourage and strengthen the parental relationship between the father and the subject child by, among other things, developing a plan for appropriate services for the father, referring him for mental health treatment and parenting classes, regularly meeting with the father to discuss his progress with his service plan, calling Batterers Intervention and SNAP to schedule intake appointments for the father, conducting a home assessment at the paternal grandmother's home, providing the father updates about the child, and scheduling regular visitation, including taking the child to Rikers Island for visitation during the father's incarcerations (see Social Services Law § 384–b [7][a], [c], [f];  Matter of Nelson M.L. [Nilsa L.], 195 A.D.3d 504, 505, 145 N.Y.S.3d 349 [1st Dept. 2021];  Matter of Felicia Malon Rogue J. [Lena J.], 146 A.D.3d 725, 726, 46 N.Y.S.3d 66 [1st Dept. 2017]).

The finding that the father permanently neglected the child is also supported by clear and convincing evidence (see Social Service Law § 384–b [7][a]).  Despite the agency's diligent efforts, the father failed to plan for the child's future during the relevant statutory time period because he failed to meaningfully address the problems leading to the child's placement (see Social Services Law § 384–b [7][a], [f];  Matter of Alexander R.H. [Renzo N.H.], 201 A.D.3d 465, 466, 160 N.Y.S.3d 239 [1st Dept. 2022], lv denied 38 N.Y.3d 903, 2022 WL 1181283 [2022]).  To the extent that the father received mental health services, anger management, parenting skills, and participated in a batterer's accountability program, there is no evidence that he gained insight or otherwise benefitted from them (see Matter of Julianna Victoria S. [Benny William W.], 89 A.D.3d 490, 491, 934 N.Y.S.2d 91 [1st Dept. 2011], lv denied 18 N.Y.3d 805, 2012 WL 400041 [2012]).  That the father visited the child and sent him letters and gifts does not preclude a finding of permanent neglect (see Matter of Autumn P. [Alisa R.], 129 A.D.3d 519, 520, 11 N.Y.S.3d 149 [1st Dept. 2015]).