The finding of permanent neglect is supported by clear and convincing evidence. The documentation shows that the agency made conscientious attempts by engaging in conversations with the mother about the importance of fulfilling her service plan, arranging visitation schedules, and guiding her toward mental health support and dyadic therapy to enhance her bond with the child.

The mother failed to complete any portion of her service plan, demonstrating a lack of insight into the conditions that led to the child’s removal, as well as the termination of parental rights to two older children. Moreover, she failed to visit her daughter consistently and attended less than half of the scheduled visits.

The majority of the evidence reinforces the court’s decision that it was in the child’s best interests to have the mother’s parental rights terminated. The child had spent her entire life in the same foster home, developing a strong and close bond with the foster family who wished to adopt her.

Considering the significant duration of the child’s stay in foster care and the deep connections she had formed with her foster family. a delayed judgment was inappropriate. Furthermore, there was no indication that the mother had a viable and workable plan to offer a secure and suitable home for the child.

Matter of Maria G.T., – NYS3d –2023 WL 2124716 (1st Dep’t. 2023)

ANOTHER PERMANENT CHILD NEGLECT AND TERMINATION OF PARENTAL RIGHTS CASE

Typically, in order to prove that a parent has enduringly disregarded their child, an organization needs to provide solid and compelling proof that, for a span of twelve months subsequent to the child being placed under the agency’s care, the parent did not keep in touch with the child.

Alternatively, it must be demonstrated that the parent neglected to make plans for the child’s future, despite being capable both physically and financially, and this is the case even though the agency made diligent attempts to foster and reinforce the bond between the parent and child.

The central question in a case aiming to terminate parental rights due to ongoing neglect is whether the agency involved can prove that they consistently worked hard to promote and enhance the parent-child relationship.

In this instance, the petitioner has successfully demonstrated, through substantial and convincing evidence, that they diligently worked towards fostering and reinforcing the father’s connection with his children. These dedicated efforts encompassed guiding the father towards resources for outpatient drug rehabilitation, anger management, and mental health services.

The petitioner engaged in discussions with the father to emphasize the significance of complying with the outlined service plan. They closely tracked the father’s advancements within these programs, while also arranging and overseeing supervised parental visits.

Despite these efforts, the father failed to plan for the return of the children, as he did not attend and complete all of the required programs and failed to consistently visit the children. Accordingly, the Family Court properly found that the father permanently neglected the children.

The Family Court also properly determined that it was in the children’s best interests to terminate the father’s parental rights and to free the children from adoption.

Matter of Daniel J.L., – NYS3d – , 2023 WL 2147222 (2nd Dep’t.  2023)

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