Joyce A. R., Matter of
| Decision Date | 10 May 1976 |
| Citation | 383 N.Y.S.2d 58,52 A.D.2d 882 |
| Parties | In the Matter of JOYCE A.R. (anonymous), etc. CATHOLIC GUARDIAN SOCIETY OF the DIOCESE OF BROOKLYN, INCORPORATED, Appellant, v. JANET C.R. (anonymous), Respondent. |
| Court | New York Supreme Court — Appellate Division |
Hurley, Kearney & Lane, Brooklyn (Charles D. Mooney, Brooklyn, of counsel), for appellant.
Murphy, Sadowski & Koehler, Kew Gardens (Robert Sadowski, New Gardens, of counsel), for respondent.
Before HOPKINS, Acting P.J., and MARTUSCELLO, COHALAN, RABIN and SHAPIRO, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to article 6 of the Family Court Act to permanently terminate perental custody by reason of permanent neglect, the petitioner, Catholic Guardian Society of the Diocese of Brooklyn, appeals from an order of the Family Court, Kings County, dated July 30, 1975, which, after a hearing, Inter alia, dismissed the petition.
Order reversed, on the law and the facts, without costs or disbursements, and petition granted.
The record indicates that the petitioner did indeed make 'diligent efforts to encourage and strengthen the parental relationship' (see Family Ct. Act, § 614, subd. 1, par. (c)). Special arrangements for parental visiting were made and, by respondent's own admission, concerte suggestions for support, so as to permit discharge of the child to the natural mother's custody, were made on numerous occasions. While it is possible that the petitioner could have done more in order to satisfy the most searching mind, we must not become enmeshed in an analysis of the niceties of the precise degree of required diligence of effort, where to do so would jeopardize the welfare of the child (see Matter of Ray A.M., 48 A.D.2d 161, 368 N.Y.S.2d 374, affd. 37 N.Y.2d 619, 376 N.Y.S.2d 431, 339 N.E.2d 135). We find that petitioner met its burden of proof in all respects (see Family Ct. Act, §§ 611, 614; Matter of Jones, 59 Misc.2d 69, 73, 297 N.Y.S.2d 675, 680; Matter of B., 60 Misc.2d 662, 668, 303 N.Y.S.2d 438, 444); accordingly, the petition should have been granted.
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Jennie EE, Matter of
... ... contact with his daughter and is entitled to custody of Jennie, the record supports the finding that petitioner fulfilled its statutory obligations of diligent efforts by attempting to strengthen respondent's parental relationship while Jennie was in petitioner's custody (see, Matter of Joyce A.R., 52 A.D.2d 882, 383 N.Y.S.2d 58) and diligently attempted to assist respondent in obtaining counseling to correct his alcohol problem. It is clear that it was respondent's failure or refusal to admit that he had such a problem or to utilize the follow-up services offered to him that resulted ... ...
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Lisa Ann U, Matter of
... ... While it may have been possible for petitioner to have done more to encourage and strengthen the parental relationship, "we must not become enmeshed in an analysis of the niceties of the precise degree of required diligence of effort" (Matter of Joyce A.R., 52 A.D.2d 882, 383 N.Y.S.2d 58). Petitioner's efforts were adapted to the particular circumstances (Matter of Karas, 59 A.D.2d 1022, 399 N.Y.S.2d 758, mot. for lv. to app. den. 43 N.Y.2d 646, 402 N.Y.S.2d 1028, 373 N.E.2d 997) and adequate to fulfill its statutory duty (Family Court Act, § ... ...
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