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IN RE: KAYLINA DESIRE SHONTE J., A Dependent Child Under the Age of Eighteen Years, etc., Jessica Isabella T., Respondent-Appellant, Children's Aid Society, Petitioner-Respondent.
Order, Family Court, New York County (Jody Adams, J.), entered on or about February 15, 2007, which terminated respondent's parental rights and committed the subject child's guardianship and custody to the petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, and the appeal from the underlying fact-finding determination of permanent neglect dismissed, without costs.
There can be no review of the finding of permanent neglect, made upon respondent's default at the fact-finding hearing (Matter of Baby Girl F., 17 A.D.3d 224, 793 N.Y.S.2d 376 [2005] ). Termination of parental rights is amply supported by the record, which reveals diligent efforts by the agency to encourage the parental relationship and provide numerous services, despite respondent's noncooperation and indifference (Matter of Byron Christopher Malik J., 309 A.D.2d 669, 765 N.Y.S.2d 874 [2003] ). Respondent failed to plan for the future or maintain visitation (Social Services Law § 384-b[7][a] ), and was thus unable to assume responsibility for a child who is now thriving in her pre-adoptive environment.
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Decided: December 18, 2008
Court: Supreme Court, Appellate Division, First Department, New York.
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