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IN THIS TERMINATION OF PARENTAL RIGHTS PROCEEDING, PETITIONER DID NOT MEET ITS BURDEN TO PROVE IT MADE DILIGENT EFFORTS TO ASSIST RESPONDENT MOTHER IN ADDRESSING HER MENTAL HEALTH; MOTHER’S PARENTAL RIGHTS SHOULD NOT HAVE BEEN TERMINANTED (THIRD DEPT).

The Third Department, reversing Family Court, determined the petitioner did not prove it made diligent efforts toward reunification of mother and child, given mother’s mental health and the incomplete measures to address her mental health needs. Therefore mother’s parental rights should not have been terminated. The facts are far too complex to summarize here:

The petitioning agency “bears the burden of proving . . . that such diligent efforts were made,” and must do so by clear and convincing evidence … . To satisfy that burden, the agency “must develop a plan that is realistic and tailored to fit [the] respondent’s individual situation” … , and “make affirmative, repeated, and meaningful efforts to assist the parent in overcoming these handicaps” … . The petitioning agency “should mold its diligent efforts to fit the individual circumstances so as to allow the parent to provide for the child’s future’ ” … .

… [The] “terms and conditions” placed upon respondent required … that she “undergo a complete mental health evaluation by a licensed professional approved by [petitioner]”; engage in a domestic violence program; attend all of the child’s medical appointments and all scheduled visitation; and “successfully complete Family Services of Chemung County’s Protective Parenting Program.” We agree with respondent and the AFC that petitioner did not prove, by clear and convincing evidence, that it made diligent efforts to assist respondent in satisfying these conditions. Matter of Willow K. (Victoria L.), 2023 NY Slip Op 03730, Third Dept 7-6-23

Practice Point: Here mother had serious mental health issues and the “terms and conditions” imposed upon mother required those issues to be addressed in specific ways. Petitioner did not prove it diligently provided sufficient assistance to mother in her attempts to meet those terms and conditions. Therefore mother’s parental rights should not have been terminated.

 

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