Troy B., Respondent–Appellant. v. << (2000)

 Family Court properly terminated respondent's parental rights pursuant to Social Services Law § 384–b (4)(b) on the ground of abandonment.   Respondent contends that his contact with his children ended only because of his incarceration and that petitioner failed to make a diligent effort to locate him in prison.  “Incarceration does not excuse a parent from establishing or maintaining contact with a child” (Matter of Anthony M., 195 A.D.2d 315, 316, 600 N.Y.S.2d 37).   Respondent failed to rebut the presumption of abandonment (see, Social Services Law § 384–b [5][a] ).  “Contrary to respondent's contention, petitioner was not required to show that it made diligent efforts to encourage respondent to maintain contact with his [children] in order to prevail on the abandonment petition” (Matter of Christina S., 251 A.D.2d 982, 983, 674 N.Y.S.2d 550;  see, Social Services Law § 384–b [5][b];  Matter of Erica C., 257 A.D.2d 445, 446, 683 N.Y.S.2d 262).   Even if petitioner had been aware of respondent's incarceration, it was not “obligated to contact [respondent] and initiate efforts to encourage his parental relationship with [his children]” (Matter of Shakim Ravon B., 257 A.D.2d 547, 685 N.Y.S.2d 20).

Order unanimously affirmed without costs.

MEMORANDUM: