JEFFREY RESPONDENT APPELLANT v. << (2010)

MEMORANDUM AND ORDER

LISA J. MASLOW, ATTORNEY FOR THE CHILDREN, ROCHESTER, FOR WHYTNEI B., JADA B., AND JEFFREY B.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  On appeal from an order terminating his parental rights on the ground of permanent neglect, respondent father contends that petitioner failed to establish that it had exercised diligent efforts to encourage and strengthen the parent-child relationship both prior to and during the period of his incarceration as required by Social Services Law § 384-b (7)(a).   We reject that contention.  “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child[ren], providing services to the parent[ ] to overcome problems that prevent the discharge of the child[ren] into [his or her] care, and informing the parent[ ] of [the children's] progress” (Matter of Jessica Lynn W., 244 A.D.2d 900, 900-901;  see § 384-b [7][f] ).  Petitioner is not required, however, to “guarantee that the parent succeed in overcoming his or her predicaments” (Matter of Sheila G., 61 N.Y.2d 368, 385;  see Matter of Jamie M., 63 N.Y.2d 388, 393) but, rather, the parent must “assume a measure of initiative and responsibility” (Jamie M., 63 N.Y.2d at 393).   Here, petitioner established, by the requisite clear and convincing evidence (see § 384-b [3][g][i] ), that it fulfilled its duty to exercise diligent efforts to encourage and strengthen the father's relationships with his children during the relevant time period (see generally Matter of Star Leslie W., 63 N.Y.2d 136, 142).   Petitioner further established that, despite those efforts, the father “failed substantially and continuously or repeatedly to maintain contact with or plan for the future of the child[ren] although ․ able to do so” (id.;   see Matter of Justin Henry B., 21 AD3d 369).

Patricia L. Morgan

Clerk of the Court