Hyperlawhypertext legal databasebeta Lutheran Community Services, Inc. v. Mary H. 158 A.D.2d 425

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Lutheran Community Services, Inc. v. Mary H.

158 A.D.2d 425 Court N.Y. App. Div. Decision date 1990-02-27 English

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p. 425
In the Matter of Brooke Louise H., a Child Alleged to be Neglected. Lutheran Community Services, Inc. Respondent, v Mary H., Appellant.

Respondent contends that petitioner’s failure to make diligent efforts to unite her and her daughter precludes a finding of permanent neglect. However, the evidence demonstrated that petitioner arranged visitation and attempted to assist respondent in obtaining housing but respondent kept only 4 of

p. 426
36 scheduled visits between March 1986 and August 1987 and refused assistance in obtaining housing. Failure to maintain contact with a child or infrequent or insubstantial contact constitute grounds for a finding of permanent neglect (Matter of Star Leslie W., 63 NY2d 136 , 143). Further, where an agency’s efforts are frustrated by ”an utterly un-co-operative or indifferent parent”, the agency has fulfilled its duty by making reasonable efforts under the circumstances (Matter of Sheila G., 61 NY2d 368 , 385). In addition, proof of diligent effort is not required where, as here, the parent failed to apprise the agency of her whereabouts for a period of more than six months (Social Services Law § 384-b [7] [e]; Matter of O. Children, 128 AD2d 460 , 465).

Contrary to respondent’s contention, a proper foundation was laid for admission of the agency’s case record as a business record (CPLR 4518 [a]) by the testimony of the caseworker with personal knowledge of the business practices of the agency (Sabatino v Turf House, 76 AD2d 945 , 946). Concur—Murphy, P. J., Sullivan, Ross, Asch and Smith, JJ.

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