MATTER OF MELANIE S.


47 A.D.3d 438 (2008)

850 N.Y.S.2d 46

In the Matter of GLORIA MELANIE S., a Child Alleged to be Permanently Neglected. GERALD ANTHONY S., Appellant; GRAHAM-WINDHAM SERVICES TO CHILDREN AND FAMILIES, Respondent.

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

Decided January 10, 2008.


The finding of permanent neglect was supported by clear and convincing evidence of respondent's failure to plan for the child's future, notwithstanding petitioner's diligent efforts (see Social Services Law § 384-b [7] [a]; Matter of Sheila G., 61 N.Y.2d 368, 373 [1984]). Respondent refused to acknowledge and treat the underlying sexual abuse problem that led to the child's placement in foster care (see Social...

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