PETITIONER RESPONDENT MICHAEL RESPONDENT APPELLANT v. << (2013)

MEMORANDUM AND ORDER

ALVIN M. GREENE, ATTORNEY FOR THE CHILD, BUFFALO, FOR AIDEN J.W.

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

Memorandum:  Respondent father appeals from an order finding that he permanently neglected his child and terminating his parental rights.   We reject the father's contention that Family Court failed to consider the appropriate factors, including the “special circumstances of an incarcerated parent,” in determining that the child was permanently neglected (Social Services Law § 384–b [7][a] ).   Indeed, we agree with the court that the father “has failed to demonstrate any commitment to the responsibilities of parenthood and demonstrates a fundamental defect in his understanding of proper parenting responsibilities.”   The petitioning agency is not required to

“ ‘guarantee that the parent succeed in overcoming his or her predicaments' ․ but, rather, the parent must ‘assume a measure of initiative and responsibility’ “ (Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341).

Frances E. Cafarell

Clerk of the Court