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(DOWNLOAD) "Matter La'Vetta Danile S.F" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

Matter La'Vetta Danile S.F

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eBook details

  • Title: Matter La'Vetta Danile S.F
  • Author : Supreme Court of New York
  • Release Date : January 10, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Final Order of Disposition, Family Court, New York County (Judith Sheindlin, J.) entered January 22, 1991, which terminated
respondent's parental rights and awarded custody of the child to the Commissioner of Social Services and petitioner agency
for the purpose of adoption without the consent of or further notice to respondent, which order was made following a fact
finding determination on October 24, 1990 that respondent had permanently neglected his child by failing to plan for her future
despite diligent efforts to reunite the family by the agency, unanimously affirmed, without costs. Based on the record herein, a finding of permanent neglect was properly made. Also properly found was that the agency exerted
diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b; Matter of Jamie M.,
63 N.Y.2d 388, 390, 472 N.E.2d 311, 482 N.Y.S.2d 461), specifically to encourage respondent to obtain counseling and secure
housing. However, "an agency is not charged with a guarantee that the parents succeed in overcoming his or her predicaments.
Indeed, an agency that has embarked on a diligent course but faces an utterly uncooperative or indifferent parent should nevertheless
be deemed to have fulfilled its duty" (Matter of Sheila G., 61 N.Y.2d 368, 385, 462 N.E.2d 1139, 474 N.Y.S.2d 421). Here,
the agency's efforts failed because of respondent's refusal to cooperate (see Matter of O. Children, 128 A.D.2d 460, 464).
Finally, the court properly found that it was in the child's best interest to sever the parental relationship and free her
for adoption (Matter of Star Leslie W., 63 N.Y.2d 136, 147-48).


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