IN THE MATTER OF RIVERA


15 A.D.3d 217 (2005)

789 N.Y.S.2d 137

In the Matter of DIGNA LUZ RIVERA R. and Others, Children Alleged to be Permanently Neglected. AIDA LUZ R., Appellant; CATHOLIC GUARDIAN SOCIETY, Respondent.

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

February 8, 2005.


Clear and convincing evidence established that respondent permanently neglected the children by failing to maintain contact with them during the relevant statutory period, or to plan for their future (see Social Services Law § 384-b [7] [a]; Matter of Star Leslie W., 63 N.Y.2d 136 [1984]). The agency's obligation to exercise due diligence to encourage and strengthen the parental relationship was excused when respondent...

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