IN RE: Jayquan J. (Anonymous). SCO Family of Services, appellant, et al., petitioner; Clint J. (Anonymous), respondent.
Argued-October 1, 2010
DECISION & ORDER
In a proceeding pursuant to Social Services Law § 384-b to terminate the putative father's parental rights on the ground of abandonment and determine that his consent is not required for the child's adoption pursuant to Domestic Relations Law § 111, the petitioner appeals from an order of the Family Court, Kings County (Beckoff, J.), dated September 24, 2009, which, after a fact-finding hearing, dismissed the petition and found that the putative father's consent is required for the child's adoption pursuant to Domestic Relations Law § 111.
ORDERED that the order is reversed, on the law, without costs or disbursements, the petition to terminate the putative father's parental rights on the ground of abandonment and to determine that his consent is not required for the child's adoption pursuant to Domestic Relations Law § 111 is granted, and the matter is remitted to the Family Court, Kings County, for disposition.
Contrary to the Family Court's determination, the petitioner established, by clear and convincing evidence, that the putative father (hereinafter the father) abandoned the child in the six months immediately preceding the filing date of the petition (see Social Services Law § 384-b[b],  ). While the father was not afforded the notice to which he was entitled of the original removal proceeding, and of permanency hearings that predated the filing of the petition to terminate his parental rights, the record demonstrates that these inexcusable derelictions by the petitioner neither prevented nor discouraged the father from maintaining contact with the child (see Matter of Annette B., 4 NY3d 509). Moreover, fully crediting the father's testimony concerning his desire to maintain contact and his efforts to obtain information about the child, as the Family Court did, his efforts were minimal, sporadic, and insubstantial, and therefore were insufficient to preclude a finding of abandonment (see Social Services Law § 384-b[b]; Matter of Annette B., 4 NY3d at 514; Matter of Xtacys Nayarie M. [Jose Ruben M.], 74 AD3d 970; Matter of Jeremiah Kwimea T., 10 AD3d 691; Matter of Kimberly Y., 9 AD3d 412).
SKELOS, J.P., ENG, BELEN and HALL, JJ., concur.
Matthew G. Kiernan
Clerk of the Court