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In re Chartasia Delores H.
Citations: 88 A.D.3d 460; 930 N.Y.2d 439
Court: Appellate Division of the Supreme Court of the State of New York; October 4, 2011; New York; State Appellate Court
Clear and convincing evidence indicates that the respondent abandoned the child, as outlined in Social Services Law § 384-b (4)(b)(5) and supported by case law (Matter of Annette B., 4 NY3d 509, 513-514 [2005]). The respondent admitted to having no contact with the child, the agency, or the court for the six months preceding the petition to terminate his parental rights (Matter of Shavenon Edwin N. Francisco N., 84 AD3d 444, 444 [2011]). The father's subjective intent not to abandon the child does not negate the court's finding of abandonment. No requirement exists for the agency to demonstrate diligent efforts to foster the father's relationship with the child. The father's incarceration does not excuse his lack of contact (Annette B., 4 NY3d at 514). Allegations regarding the agency's failure to notify the father about the child's foster care placement do not show that contact was unfeasible (Matter of Ateshia Diamond W., 194 AD2d 367, 367-368 [1993]). The evidence supports the court's conclusion that terminating the father's parental rights serves the child's best interests, facilitating her adoption by the foster mother (Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). The father's prison sentence will not conclude until the child reaches adulthood, and his mother's concerns about her ability to care for the child further complicate matters. In contrast, the foster mother, who has provided a stable and nurturing environment for several years, is willing to adopt the child. The decision reflects the child's need for stability and permanency.