In re Willard L., 23 A.D.3d 964 (N.Y. App. Div. 2005). · Go Syfert
In re Willard L., 23 A.D.3d 964 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: In re Aniya L. (nyappdiv, 2015-01-15)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Aniya L.
N.Y. App. Div. · 2015 · confidence medium
Mere participation in classes and programs is not enough to meet this requirement when a parent does not “benefit from the services offered and utilize the tools or lessons learned in those classes in order to successfully plan for the child’s future” (Matter of Elijah NN., 20 AD3d 728, 730 [2005]; see Matter of Jyashia RR. [John VV.], 92 AD3d 982, 983-984 [2012]; Matter of Willard L., 23 AD3d 964, 965-966 [2005], lv denied 6 NY3d 708 [2006]).
discussed Cited as authority (rule) In re Aniya L.
N.Y. App. Div. · 2015 · confidence medium
Mere participation in classes and programs is not enough to meet this requirement when a parent does not “benefit from the services offered and utilize the tools or lessons learned in those classes in order to successfully plan for the child’s future” (Matter of Elijah NN., 20 AD3d 728, 730 [2005]; see Matter of Jyashia RR. [John VV.], 92 AD3d 982, 983-984 [2012]; Matter of Willard L., 23 AD3d 964, 965-966 [2005], lv denied 6 NY3d 708 [2006]).
discussed Cited as authority (rule) In re Johanna M.
N.Y. App. Div. · 2013 · confidence medium
Given all of the circumstances, we are of the view that Family Court properly found that termination of respondent’s parental rights was in the children’s best interests (see Matter of Summer G. [Amy F.], 93 AD3d at 962 ; Matter of Willard L., 23 AD3d 964, 966 [2005], lv denied 6 NY3d 708 [2006]; Matter of Shawn O., 19 AD3d at 239 ).
discussed Cited as authority (rule) In re Johanna M.
N.Y. App. Div. · 2013 · confidence medium
Given all of the circumstances, we are of the view that Family Court properly found that termination of respondent’s parental rights was in the children’s best interests (see Matter of Summer G. [Amy F.], 93 AD3d at 962 ; Matter of Willard L., 23 AD3d 964, 966 [2005], lv denied 6 NY3d 708 [2006]; Matter of Shawn O., 19 AD3d at 239 ).
discussed Cited as authority (rule) In re Summer G.
N.Y. App. Div. · 2012 · confidence medium
Family Court properly found that, despite the efforts of petitioner, respondents failed to adequately plan for the children’s future inasmuch as they “ ‘fail[ed] to correct the conditions that led to the removal of the child[ren]’ ” (Matter of Willard L., 23 AD3d 964, 965 [2005], lv denied 6 NY3d 708 [2006], quoting Matter of Karina U., 299 AD2d 772, 773 [2002], lv denied 100 NY2d 501 [2003]; accord Matter of Tailer Q. [Melody Q.], 86 AD3d 673, 674 [2011]).
discussed Cited as authority (rule) In re Jyashia RR.
N.Y. App. Div. · 2012 · confidence medium
“Indeed, an agency that has embarked on a diligent course but faces an utterly un-co-operative or indifferent parent should nevertheless be deemed to have fulfilled its duty” (Matter of Sheila G., 61 NY2d 368, 385 [1984]), especially where the parent is difficult to contact and unwilling to change his or her behavior (see Matter of Willard L., 23 AD3d 964, 965 [2005], lv denied 6 NY3d 708 [2006]).
discussed Cited as authority (rule) In re Tailer Q.
N.Y. App. Div. · 2011 · confidence medium
Although respondent maintained contact with the child, Family Court found that petitioner established that respondent failed to plan for the child’s future. “ ‘[F]ailure to correct the conditions that led to the removal of the child is interpreted as the failure to plan for the child’s future’ ” (Matter of Willard L., 23 AD3d 964, 965 [2005], Iv denied 6 NY3d 708 [2006], quoting Matter of Karina U., 299 AD2d 772, 773 [2002], Iv denied 100 NY2d 501 [2003]; see Matter of Nathaniel T., 67 NY2d 838, 840 [1986]).
cited Cited as authority (rule) In re Jasper QQ.
N.Y. App. Div. · 2009 · confidence medium
Petitioner established that it made repeated and meaningful efforts to encourage reunification (see Matter of Willard L., 23 AD3d 964, 964-965 [2005], lv denied 6 NY3d 708 [2006]).
discussed Cited as authority (rule) In re Melissa DD.
N.Y. App. Div. · 2007 · confidence medium
Under the circumstances, Family Court correctly determined that petitioner exercised diligent efforts toward reuniting the family but, despite those efforts, respondents failed to adequately plan for their children’s futures by resolving the problems which led to their removal (see Matter of Destiny CC., 40 AD3d 1167, 1168-1169 [2007]; Matter of Willard L., 23 AD3d 964, 965 [2005], lv denied 6 NY3d 708 [2006]; Matter of Keith JJ., 295 AD2d at 648 ).
discussed Cited as authority (rule) In re Andrew Z.
N.Y. App. Div. · 2007 · confidence medium
As a result, there is ample support for the conclusion that they were uncooperative parents who failed to adequately participate in available evaluations, programs and other steps “necessary to provide a home that is adequate and stable, under the financial circumstances existing, within a reasonable period of time” (Matter of Star Leslie W., supra at 143 ; see Matter of James X., 37 AD3d 1003, 1005 [2007]; Matter of Willard L., 23 AD3d 964, 965-966 [2005], lv denied 6 NY3d 708 [2006]).
examined Cited as authority (rule) In re Destiny CC. (4×) also: Cited "see"
N.Y. App. Div. · 2007 · confidence medium
In our view, petitioner met its burden of demonstrating by clear and convincing evidence that it undertook diligent efforts here, given its proof that it arranged for regular visitation between respondent and the children, psychological and domestic violence counseling, substance abuse evaluation and treatment, transportation for the visits and counseling, parenting classes and parent aid services, and assisted respondent in obtaining and maintaining a residence (see Matter of Willard L., supra at 965; Matter of Elijah NN., 20 AD3d 728, 729-730 [2005]; Matter of Karina U., 299 AD2d 772, 772-77…
discussed Cited as authority (rule) In re James X. (2×)
N.Y. App. Div. · 2007 · confidence medium
The threshold inquiry is whether the petitioning agency has proved by clear and convincing evidence that it has exercised such diligent efforts (see Matter of Sheila G., 61 NY2d 368, 373 [1984]; Matter of Willard L., 23 AD3d 964, 964-965 [2005], lv denied 6 NY3d 708 [2006]).
discussed Cited "see" In re Maelee N.
N.Y. App. Div. · 2008 · signal: see · confidence high
Despite her completion of all of these classes and weekly assistance from the parenting aide during visitation, respondent did not appear to adequately “benefit from the services offered and utilize the tools or lessons learned in those classes in order to successfully plan for the child’s future” (Matter of Elijah NN., 20 AD3d 728, 730 [2005]; see Matter of Willard L., 23 AD3d 964, 966 [2005], lv denied 6 NY3d 708 [2006]).
discussed Cited "see" In re Raena O.
N.Y. App. Div. · 2006 · signal: see · confidence high
Such a showing is a threshold requirement in a permanent neglect proceeding (see Matter of Sheila G., 61 NY2d 368, 384 [1984]) and “[t]his obligation is fulfilled when the agency makes affirmative, repeated and meaningful efforts to restore the parent-child relationship” (Matter of Alycia P., 24 AD3d 1119, 1120 [2005]; see Matter of Willard L., 23 AD3d 964, 964-965 [2005], lv denied 6 NY3d 708 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Willard L. and Another, Children Alleged to be Permanently Neglected. Columbia County Department of Social Services, Respondent Willard M.
Appellate Division of the Supreme Court of the State of New York.
Nov 23, 2005.
23 A.D.3d 964
Rose.
Cited by 14 opinions  |  Published
Rose, J.

Appeal from an order of the Family Court of Columbia County (Czajka, J.), entered February 3, 2005, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s children to be permanently neglected, and terminated respondent’s parental rights.

Upon findings of neglect based on incidents of domestic violence, drug use and violation of orders of protection, respondent’s two children (born in 1998 and 2002) were removed from his care in 2002 and placed in petitioner’s custody. In January 2004, petitioner brought this proceeding alleging permanent neglect. Following a hearing, Family Court granted the petition and terminated respondent’s parental rights, prompting this appeal.

The threshold inquiry in a permanent neglect proceeding is whether the petitioning agency has exercised “diligent efforts to[*965] encourage and strengthen the parental relationship” (Social Services Law § 384-b [7] [a]; see Matter of Star Leslie W., 63 NY2d 136, 142 [1984]; Matter of Alexis X., 19 AD3d 759, 761 [2005]; Matter of Shiann RR., 285 AD2d 762, 762-763 [2001]). Here, petitioner provided respondent with many counseling and treatment opportunities, and arranged supervised visitation, including visits at prison and while he was hospitalized. Petitioner’s workers were in contact with respondent, had a service plan to move him toward reunification with the children and informed him of the concerns that were preventing the children’s return. Respondent was, however, often difficult to contact, uncooperative in face-to-face meetings with the caseworker and unwilling to change his behavior. As the evidence indicates that respondent’s failure to benefit from the programs offered was not due to any deficiency in petitioner’s plan, the record supports Family Court’s finding that petitioner made repeated and meaningful efforts to reunite respondent and his children (see Matter of Star Leslie W., supra at 144; Matter of Keith JJ. , 295 AD2d 644, 647-648 [2002]).

In this regard, we cannot agree with respondent’s contention that the outcome in this case is controlled by our decision in Matter of Shiann RR. (supra). There the record showed that the domestic violence which precipitated the child’s removal had ceased, the petitioning agency failed to establish that it had provided counseling for the parent’s anger issues and the parent suffered from mental health limitations that the agency failed to address. Here, by contrast, respondent was found to have no such handicaps, petitioner provided services addressing his lack of anger control and parenting skills despite his uncooperativeness, but he did not benefit from those services due to his unwillingness to change.

We are similarly unpersuaded by respondent’s claim that petitioner did not prove that he failed to plan for the future of his children (see Social Services Law § 384-b [7] [a], [c]; Family Ct Act § 614 [1] [d]). As we have observed, the “failure to correct the conditions that led to the removal of the child is interpreted as the failure to plan for the child’s future” (Matter of Karina U., 299 AD2d 772, 773 [2002], lv denied 100 NY2d 501 [2003]; see Matter of Princess C., 279 AD2d 825, 826 [2001]). At the fact-finding hearing, petitioner’s caseworker testified that her efforts to discuss respondent’s plan for the children never elicited anything more than his desire to have the children returned. Nor did respondent seek further assistance with the issues that he knew were preventing the return of his children. The evidence of respondent’s problems with anger[*966] management and domestic violence, and his violation of the requirement that his visitation be supervised, support Family-Court’s finding that respondent’s completion of the mandated classes and treatments was of little benefit because he did not “utilize the tools or lessons learned in those classes in order to successfully plan for the [children’s] future” (Matter of Elijah NN., 20 AD3d 728, 730 [2005]). In light of the foregoing and deferring to Family Court’s assessment of credibility (see Matter of Alijah XX., 19 AD3d 770, 771 [2005]), we find that respondent was shown not to have adequately planned for the future of his children.

Finally, given the history of domestic violence here, which continued after respondent completed counseling, the multiple violations of orders of protection against respondent, his admitted possession of cocaine, arrests and incarceration, and the successful placement of the children in foster homes with the possibility of adoption, Family Court properly found that termination of respondent’s rights was in the best interests of the children (see Matter of Shane I., 300 AD2d 709, 711 [2002]; Matter of Amanda C., 281 AD2d 714, 717 [2001], lv denied 96 NY2d 714 [2001]; Matter of Rita XX., 279 AD2d 901, 902-903 [2001]).

We have considered respondent’s remaining contentions and find them to be without merit.

Mercure, J.P., Spain, Carpinello and Kane, JJ., concur. Ordered that the order is affirmed, without costs.