MATTER OF CARISMA H.


306 A.D.2d 35 (2003)

759 N.Y.S.2d 670

In the Matter of CARISMA H., a Child Alleged to be Permanently Neglected. SEAN H., Appellant; McMAHON SERVICES FOR CHILDREN, Respondent.

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

Decided June 5, 2003.


Clear and convincing evidence established that respondent permanently neglected the subject child by failing during the statutorily relevant time period to maintain contact with her or to plan for her future (see Social Services Law § 384-b [7] [a]; Matter of Star Leslie W., 63 N.Y.2d 136, 142-143 [1984]). That respondent was incarcerated did not relieve him of his obligation to maintain contact with his child (see...

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