In re Adam HH., 4 N.Y.3d 550 (2005)
A parent’s rights can be terminated for abandonment if they fail to contact the child or the relevant agency for six months prior to the filing of an abandonment petition, demonstrating an intent to forego parental rights, and the agency is not required to demonstrate diligent efforts to encourage the parent’s relationship with the child in such abandonment cases.
Summary
This case concerns the termination of a father’s parental rights based on abandonment. The New York Court of Appeals affirmed the lower courts’ decisions, finding clear and convincing evidence that the father, Adam HH., abandoned his child by failing to contact either the child or the Department of Social Services (DSS) for six months before the abandonment petition was filed. The Court emphasized that in abandonment cases, DSS isn’t required to prove it made diligent efforts to encourage the parental relationship. The Court also noted the father’s history of disregarding parental obligations and that the protective order did not prevent him from contacting DSS.
Facts
Adam HH. is the biological father of the child in question. He had a history of abusing the biological mother and violating orders of protection. He also refused to submit to a court-ordered mental health evaluation. Crucially, he had no contact with either the child or the DSS for the six months leading up to the filing of the abandonment petition.
Procedural History
The Family Court initially terminated Adam HH.’s parental rights based on abandonment. The Appellate Division affirmed this decision. Adam HH. then appealed to the New York Court of Appeals, which also affirmed the lower courts’ rulings.
Issue(s)
Whether the lower courts erred in terminating Adam HH.’s parental rights based on abandonment, given his claim that a protective order prevented him from contacting the child and the agency, and whether the Department of Social Services was required to demonstrate diligent efforts to encourage his relationship with the child.
Holding
No, because there was clear and convincing evidence of abandonment based on Adam HH.’s failure to contact the child or the agency for six months, demonstrating intent to forego parental rights, and the protective order did not prevent him from contacting DSS. No, because in abandonment cases, the Social Services Law does not require a showing of diligent efforts by the authorized agency to encourage the parent to maintain contact.
Court’s Reasoning
The Court of Appeals based its decision on Social Services Law § 384-b [5] [a], which states that a lack of contact with the child or the agency for six months prior to filing the abandonment petition evinces an intent to forego parental rights. The Court also cited Social Services Law § 384-b [5] [b], noting that diligent efforts by DSS are not required in abandonment cases. The court found that the father’s claim that the order of protection prevented him from contacting DSS was not supported by evidence in the record. The Court emphasized that “the burden rests on the parent to maintain contact” (Matter of Julius P., 63 NY2d at 481). The court further reasoned that the father’s consistent disregard for his parental obligations, including abuse of the mother and refusal to undergo a mental health evaluation, supported the finding of abandonment. The agency, by clear and convincing evidence, demonstrated abandonment which sufficed for termination of parental rights. In short, the court affirmed the Family Court and Appellate Division rulings since there was sufficient evidence supporting abandonment and no legal requirement that the agency needed to show diligent effort.