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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re the Guardianship of Lebron

This case involves an appeal concerning the permanent neglect of a child, Jason, placed in foster care in 1982 due to his parents' eviction and drug addiction. The Family Court found permanent neglect but dismissed the petitions, ruling the petitioner agency failed to demonstrate diligent efforts to strengthen the parental relationship. The appellate court affirmed the finding of permanent neglect, agreeing that the parents failed to plan for Jason's future or maintain regular contact. However, the court reversed the Family Court's finding on diligent efforts, concluding that the petitioner agency had, in fact, met its burden of proving diligent efforts despite the parents' chronic drug addiction and lack of cooperation. The court emphasized that an agency is not a guarantor of an uncooperative parent's success.

Permanent NeglectChild WelfareFoster CareParental RightsDiligent EffortsDrug AddictionRehabilitation ProgramsFamily Court AppealSocial Services LawParental Responsibility
References
9
Case No. MISSING
Regular Panel Decision

In re Jessica UU.

This appeal examines whether the petitioning agency met its statutory obligation to demonstrate diligent efforts in fostering the parental relationship, a prerequisite for permanent neglect proceedings under Social Services Law § 384-b [7] [a]. Despite providing services like counseling and visitation, Family Court found the agency's efforts insufficient because they failed to address the specific needs of the respondents, such as a recommended hands-on parenting approach and support for the child's hyperactivity. The agency was criticized for merely going through the motions without tailoring services to overcome the parents' particular problems. The court affirmed the dismissal of the permanent neglect petition, concluding that the evidence, even viewed favorably to the petitioner, did not establish the requisite diligent efforts.

Permanent NeglectParental RightsDiligent EffortsFamily LawChild WelfareSocial Services LawFamily Court ActAgency ResponsibilityParenting SkillsChild Hyperactivity
References
9
Case No. MISSING
Regular Panel Decision
May 30, 1985

O. Children. St. Dominic's Home v. Doris O.

Saint Dominic’s Home petitioned to terminate the parental rights of a mother and father for five children due to permanent neglect. The Family Court initially dismissed these petitions, citing the agency’s insufficient efforts regarding psychological testing for the parents. However, the appellate court reversed this decision, finding that the agency had made diligent efforts despite the parents' uncooperative behavior and repeated failures to maintain contact, plan for their children, and utilize agency services. The court emphasized that diligent efforts do not guarantee parental success, and the parents' prolonged failure to inform the agency of their whereabouts also served as an independent ground for termination. The petitions were granted, and the case was remanded for a dispositional hearing.

Parental Rights TerminationPermanent NeglectDiligent EffortsSocial Services LawFamily Court ActFoster CareVisitation FailureParental PlanningPsychological TestingMethadone Addiction
References
1
Case No. 2025 NY Slip Op 05781, No. 68
Regular Panel Decision
Oct 21, 2025

Matter of K.Y.Z. (W.Z.)

The case concerns the termination of W.Z.'s parental rights over his child, K.Y.Z., on grounds of permanent neglect, initiated by Good Shepherd Services and the New York City Administration for Children's Services. The father, a Fuzhou-speaking Chinese immigrant, appealed the lower courts' findings that the agency made diligent efforts towards reunification. The New York Court of Appeals reversed, ruling that the agency failed to meet its burden of proving diligent efforts. Specifically, the court found inadequate accommodation of the father's language barrier during crucial interactions and insufficient provision of services to address his understanding of the mother's mental health and his employment challenges, thereby dismissing the termination petition.

Parental Rights TerminationPermanent NeglectChild Welfare AgencyLinguistic AccommodationFuzhou DialectInterpreter ServicesFamily ReunificationSocial ServicesJudicial ReviewClear and Convincing Standard
References
18
Case No. MISSING
Regular Panel Decision

In re the Guardianship of Alexander

This case concerns a petitioner agency's appeal against a Family Court decision that dismissed its petition to terminate the parental rights of Nicole, the mother of Milton, due to alleged permanent neglect. The appellate court reversed the Family Court's finding that the agency failed to make diligent efforts to strengthen the parent-child relationship. The court found that despite the agency's consistent attempts to facilitate visitation, planning, and offer assistance with housing and financial aid, the mother remained uncooperative and indifferent. Citing established legal precedents, the appellate court affirmed that an agency's duty is to exert diligent efforts, not to guarantee parental success. The case was remanded to the Family Court for a dispositional hearing to determine the child's future.

Parental Rights TerminationPermanent NeglectDiligent EffortsChild Welfare AgencyUncooperative ParentFamily Court ProcedureAppellate ReversalRemand for HearingSocial Services Law § 384-bChild Adoption
References
4
Case No. MISSING
Regular Panel Decision

In re Brown

Saint Dominic’s Home moved to terminate the parental rights of Brenda Brown and Curtis Cumby for their twin children born in 1983, alleging permanent neglect and abandonment. The court dismissed the abandonment claim against Curtis Cumby, finding he had sufficient contact with the agency and did not demonstrate an intent to abandon his children, despite some initial ambivalence about paternity. The court also rejected the agency's argument that it was excused from making diligent efforts to locate Mr. Cumby, as he had never been in prior contact with the agency. Consequently, the permanent neglect claim against Curtis Cumby was also dismissed. However, for Brenda Brown, the court found that the agency had made diligent efforts and that she had permanently neglected the children, leading to the termination of her parental rights.

Parental rightspermanent neglectabandonmentdiligent effortsfoster careputative fatherstatutory interpretationfamily courtNew York lawagency responsibilities
References
8
Case No. MISSING
Regular Panel Decision
Nov 26, 2025

Matter of Jack V. (Jack U.)

This case concerns the termination of a father's (Jack U.) parental rights due to permanent neglect of his twin sons (Jack V. and another child). The children were removed shortly after birth in 2016 and remained in foster care for nearly their entire lives. The Broome County Department of Social Services initiated proceedings, alleging the incarcerated father failed to plan for his children's future despite the agency's diligent efforts to strengthen the parent-child relationship. Family Court (Levine, J.) granted the petition, terminating parental rights and freeing the children for adoption. The Appellate Division, Third Department, affirmed, concluding that the agency met its burden of proof regarding diligent efforts and the father's failure to offer a feasible plan.

Parental rightsChild neglectIncarcerationFoster care placementTermination of parental rightsFamily lawAppellate reviewDiligent effortsService planBest interests of the child
References
22
Case No. MISSING
Regular Panel Decision

Matter of Angelo AA.

This appeal concerns a Family Court order that adjudicated two children, Angelo AA. and Ryan CC., as permanently neglected and terminated respondent's parental rights. The respondent mother appealed this decision, arguing that the petitioner agency failed to make diligent efforts toward reunification. The appellate court found that the petitioner did make diligent efforts, providing services for respondent's aggressive behavior, parenting skills, drug dependency, and domestic violence issues. Despite completing some programs, the respondent continued to struggle with substance abuse, maintaining healthy relationships, and consistent mental health counseling. Consequently, the appellate court affirmed the Family Court's order, concluding that the children were permanently neglected and parental rights were appropriately terminated, also upholding the preclusion of an expert witness.

Parental Rights TerminationPermanent NeglectDiligent EffortsFamily ReunificationSubstance AbuseDomestic ViolenceParenting SkillsMental Health CounselingExpert Witness PreclusionDue Process
References
8
Case No. MISSING
Regular Panel Decision
Feb 14, 1997

In re Sadie K.

The petitioner sought to terminate the respondent's parental rights due to permanent neglect of his three children, Sadie, Kenneth, and Christina. Family Court found that the respondent had sexually abused Christina and neglected Sadie and Kenneth, ordering his participation in various therapeutic programs, including a sex-offender program. Despite the petitioner's diligent efforts to reunite the family, the respondent failed to meaningfully participate, particularly by denying the sexual abuse, not engaging in the sex-offender program, and failing to maintain contact with his children. The Family Court terminated parental rights for Sadie and Kenneth (Christina had reached the age of majority). The Appellate Division affirmed the Family Court's decision, concluding that clear and convincing evidence supported the finding that the petitioner made diligent efforts and the respondent failed to plan for the children's future.

Permanent NeglectParental Rights TerminationSexual Abuse DenialChild Welfare AgencyFamily Court OrderAppellate AffirmationDiligent EffortsParent-Child ReunificationSex Offender ProgramParenting Skills
References
9
Case No. MISSING
Regular Panel Decision
Jul 11, 2003

In re Daquan D.

The case involves the affirmation of Family Court orders that terminated the parental rights of a respondent mother to her four children (Daquan D., Dominique H., Jamel C., and David H.) and committed their custody and guardianship to a petitioner for adoption. The court found permanent neglect, citing the child care agency's diligent efforts to support the parental relationship which were frustrated by the respondent's lack of cooperation, including her failure to sustain participation in programs and her prolonged incarceration. The record supported the finding that the agency made diligent efforts despite the respondent's non-cooperation. Furthermore, the disposition to free the children for adoption was deemed in their best interests, supported by a preponderance of the evidence. This decision was based on the respondent's extensive incarceration and continuous failure to assume parental responsibilities, ultimately offering the children a chance for a stable familial environment.

Termination of Parental RightsPermanent NeglectBest Interests of ChildFoster CareAdoptionParental CooperationDiligent EffortsIncarcerationFamily LawChild Welfare
References
3
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