MATTER OF BRANDEND C.


267 A.D.2d 107 (1999)

701 N.Y.S.2d 6

In the Matter of ARRON BRANDEND C. and Another, Children Alleged to be Permanently Neglected. DORETHA C., Appellant; COMMISSIONER OF SOCIAL SERVICES, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 14, 1999.


While Family Court did find that respondent visited the children only "sporadically", it did not, as respondent argues, terminate her parental rights upon a finding of abandonment, but rather upon a finding of permanent neglect by reason of failure to plan for the children's future despite petitioner's diligent efforts. A finding of permanent neglect may be based on either a failure to maintain contact or a failure to plan for a continuous period of one year at any time after...

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