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MATTER OF AVERY CURTIS FOSTER JOE D.

306 A.D.2d 276 (2003)

761 N.Y.S.2d 672

In the Matter of AVERY CURTIS FOSTER JOE D., a Child Alleged to be Neglected. LAKESIDE FAMILY & CHILDREN'S SERVICES, Respondent; MARILYN B., Also Known as MARILYN D., Appellant. (Proceeding No. 1.) In the Matter of KENYANNA AMBER HOPE D., a Child Alleged to be Neglected. LAKESIDE FAMILY & CHILDREN'S SERVICES, Respondent; MARILYN B., Also Known as MARILYN D., Appellant. (Proceeding No. 2.) In the Matter of KENYETTA ASIA JOY D., a Child Alleged to be Neglected. LAKESIDE FAMILY & CHILDREN'S SERVICES, Respondent; MARILYN B., Also Known as MARILYN D., Appellant. (Proceeding No. 3.)

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

Decided June 2, 2003.

Ordered that the orders of disposition are affirmed insofar as appealed from, without costs or disbursements.

To establish permanent neglect as a basis for terminating parental rights, the petitioner is required to show that the parent "failed for a period of more than one year following the date [that the] child came into [its] care * * * substantially and continuously or repeatedly to maintain contact with or plan for the future of the child, although physically...

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