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In re Demetrie T. J. C.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 23, 2008

IN RE DEMETRIE T. J. C., A DEPENDANT CHILD UNDER THE AGE OF EIGHTEEN, ETC., AND
SULLY EBTEL C., RESPONDENT-APPELLANT,
v.
CARDINAL MCCLOSKEY SERVICES, PETITIONER-RESPONDENT.

Order of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about January 23, 2007, which terminated respondent mother's parental rights upon a finding of permanent neglect and committed the child's custody to petitioner and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, McGuire, Renwick, Freedman, JJ.

While an agency has a statutory obligation to make diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b[7][a]), a parent must still assume a measure of initiative and responsibility. The agency's statutory duty is fulfilled when it embarks upon a diligent course, even though it faces an uncooperative or indifferent parent (see Matter of Sheila G., 61 NY2d 368, 385 [1984]). Here, the agency referred respondent to drug rehabilitation and parenting skills programs, and attempted to implement a course of visitation. Respondent missed a quarter of her scheduled visits with the child, did not timely attend the drug treatment program, and refused to attend the parenting skills course unless it was scheduled in Brooklyn. Under these circumstances, Family Court properly terminated respondent's parental rights (see Matter of Jowell Lateefra B., 271 AD2d 366 [2000], lv denied 95 NY2d 760 [2000]).

We have considered respondent's remaining contentions and find them without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081223

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