MATTER OF JERMAINE A.

14298.

125 A.D.3d 535 (2015)

In the Matter of JAYLEN DERRICK JERMAINE A., a Child Alleged to be Abandoned and/or Permanently Neglected. SAMUEL K., Appellant, GRAHAM WINDHAM SERVICES TO FAMILIES AND CHILDREN, Respondent.

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

Decided February 24, 2015.


The finding of abandonment is supported by clear and convincing evidence that the father failed for the relevant time period to visit with the child, although he was able to do so and was not prevented or discouraged from doing so by petitioner agency (see Social Services Law § 384-b [4] [b]; [5] [a]). The record shows that the agency advised the father that it would help make arrangements and pay for the father's visits...

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