| Matter of Demetrie T.J.C. |
| 2008 NY Slip Op 10050 [57 AD3d 392] |
| December 23, 2008 |
| Appellate Division, First Department |
| In the Matter of Demetrie T.J.C., a Child Alleged to be PermanentlyNeglected. Sully Ebtel C., Appellant; Cardinal McCloskey Services,Respondent. |
—[*1] David H. Berman, Larchmont, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Patricia S. Colella of counsel), LawGuardian.
Order of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered onor about January 23, 2007, which terminated respondent mother's parental rights upon a findingof permanent neglect and committed the child's custody to petitioner and the Commissioner ofthe Administration for Children's Services for the purpose of adoption, unanimously affirmed,without costs.
While an agency has a statutory obligation to make diligent efforts to encourage andstrengthen the parental relationship (Social Services Law § 384-b [7] [a]), a parent muststill assume a measure of initiative and responsibility. The agency's statutory duty is fulfilledwhen it embarks upon a diligent course, even though it faces an uncooperative or indifferentparent (see Matter of Sheila G., 61 NY2d 368, 385 [1984]). Here, the agency referredrespondent to drug rehabilitation and parenting skills programs, and attempted to implement acourse of visitation. Respondent missed a quarter of her scheduled visits with the child, did nottimely attend the drug treatment program, and refused to attend the parenting skills course unlessit was scheduled in Brooklyn. Under these circumstances, Family Court properly terminatedrespondent's parental rights (see Matter of Jowell Lateefra B., 271 AD2d 366 [2000],lv denied 95 NY2d 760 [2000]).[*2]
We have considered respondent's remaining contentionsand find them without merit. Concur—Friedman, J.P., Sweeny, McGuire, Renwick andFreedman, JJ.