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MATTER OF MALIK J.

309 A.D.2d 669 (2003)

765 N.Y.S.2d 874

In the Matter of BYRON CHRISTOPHER MALIK J., a Child Alleged to be Permanently Neglected. DENICE G., Also Known as DENICE OPHELIA T., Appellant; CATHOLIC CHILD CARE SOCIETY-ST. JOSEPH'S SERVICES FOR CHILDREN AND FAMILIES, Respondent.

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

Decided October 28, 2003.

While an agency has a statutory obligation to exert diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b [7] [a]; Matter of Jamie M., 63 N.Y.2d 388, 390 [1984]), a parent must assume a measure of initiative and responsibility (see Matter of Jamie M. at 392). An agency's statutory duty is fulfilled when it embarks upon a diligent course, but nevertheless faces an utterly uncooperative...

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