MATTER OF MATTHEW RICARDO M.

8083.

98 A.D.3d 892 (2012)

950 N.Y.S.2d 702

2012 NY Slip Op 6258

In the Matter of MATTHEW RICARDO M., a Child Alleged to be Permanently Neglected. MELISSA M., Appellant; CATHOLIC GUARDIAN SOCIETY AND HOME BUREAU et al., Respondents.

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

September 25, 2012.


The finding of permanent neglect was supported by clear and convincing evidence (see Social Services Law § 384-b [7] [a]). The record shows that, despite the agency's diligent efforts, the mother failed, during the statutorily relevant time period, to comply with the agency's service plan. Indeed, the mother did not visit the child regularly between October 2009 and February 2010, failed to maintain sobriety or attend drug testing for several months, suspended...

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