Matter of Jabar H. (Gabrielle P.)
2013 NY Slip Op 01475 [104 AD3d 440]
March 7, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


In the Matter of Jabar H., a Child Alleged to be Permanently Neglected. Gabrielle P., Appellant; Episcopal Social Services, Respondent.

[*1] Steven N. Feinman, White Plains, for appellant.

Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.

Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about January 5, 2012, which, following a fact-finding determination that appellant-mother had permanently neglected her child, terminated her parental rights to the child and committed custody and guardianship of him to petitioner agency and the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

The court properly found that the agency had exerted diligent efforts to strengthen the relationship between the mother and the child based on the testimony of the caseworker and the progress note entries. The mother admitted that she was late to half of the visits and missed the other half of the visits with the child. The caseworker testified that she and the mother discussed the mother's noncompliance with the service plan on numerous occasions, but any improvement was short-lived. The mother admitted that she had been dilatory in complying with the plan, but blamed the agency. However, the agency is not charged with a guarantee that the parent succeed [*2]in overcoming her problems (see Matter of Sheila G., 61 NY2d 368, 384-385 [1984]). The record supports the court's finding that the agency repeatedly reached out to the mother but she ignored its efforts. Concur—Andrias, J.P., Friedman, Acosta, Freedman and Clark, JJ.