In re Jessica Lynn W., 244 A.D.2d 900 (N.Y. App. Div. 4th Dep't 1997). · Go Syfert
In re Jessica Lynn W., 244 A.D.2d 900 (N.Y. App. Div. 4th Dep't 1997). Cases Citing This Book View Copy Cite
24 citation events (22 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Cited for
At page 900 Defining diligent efforts to strengthen parent-child relationship17 citing cases“diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent to overcome problems that prevent the discharge of the child into his or her care, and informing the parent of the child's progress”5 citing courts quote it
  • Matter of Michael J.L., 2026 NY Slip Op 04670 (N.Y. App. Div. 4th Dep't 2026).published 2 cites
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into their care, and info…
  • Matter of Kal-el F., 250 A.D.3d 1709 (N.Y. App. Div. 4th Dep't 2026).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into [the parent's] care,…
  • Matter of Amiyah C. (Wanda T.), 246 A.D.3d 1481 (N.Y. App. Div. 4th Dep't 2026).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into their care, and info…
  • Matter of Jemma M. (Ashley M.), 237 A.D.3d 1569 (N.Y. App. Div. 4th Dep't 2025).published 2 cites
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into their care, and info…
  • Matter of Zander W. (Lisa M.), 222 A.D.3d 1395 (N.Y. App. Div. 4th Dep't 2023).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into their care, and info…
  • Matter of Dagan B. (Calla B.), 192 A.D.3d 1457 (N.Y. App. Div. 4th Dep't 2021).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[] to overcome problems that prevent the discharge of the child into [his or her] care, an…
  • Matter of Hannah W. (William W.), 182 A.D.3d 1032 (N.Y. App. Div. 4th Dep't 2020).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems that prevent the discharge of the child into their care, and inform…
  • Matter of Janette G. (Julie G.), 181 A.D.3d 1308 (N.Y. App. Div. 4th Dep't 2020).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[] to overcome problems that prevent the discharge of the child into [his or her] care, an…
  • Matter of Caidence M. (Francis W.M.), 2018 NY Slip Op 4168 (N.Y. App. Div. 4th Dep't 2018).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems that prevent the discharge of the child into their care, and inform…
  • Matter of Michael S. (Kathryne T.), 2018 NY Slip Op 1725 (N.Y. App. Div. 4th Dep't 2018).published
    "Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child[ren], providing services to the parents to overcome problems that prevent the discharge of the child[ren] into their care,…
Show 7 more citing cases
  • Matter of Kemari W. (Jessica J.), 153 A.D.3d 1667 (N.Y. App. Div. 4th Dep't 2017).published
    “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child [ren], providing services to the parent [ ] to overcome problems that prevent the discharge of the child[ren] into [his or…
  • C.-b., Christian, Mtr. of, 148 A.D.3d 1775 (N.Y. App. Div. 4th Dep't 2017).published
    “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child [ren], providing services to the parent [ ] to overcome problems that prevent the discharge of the child [ren] into [his or…
  • J., Sapphire a., Mtr. of, 122 A.D.3d 1296 (N.Y. App. Div. 4th Dep't 2014).published
    “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into [his or her] care, a…
  • In re Mya B., 84 A.D.3d 1727 (N.Y. App. Div. 4th Dep't 2011).published
    “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parent[ ] to overcome problems that prevent the discharge of the child into [his or her] care, a…
  • In re Whytnei B., 77 A.D.3d 1340 (N.Y. App. Div. 4th Dep't 2010).published
    “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child[ren], providing services to the parent[ ] to overcome problems that prevent the discharge of the children] into [his or her…
  • In re Eric L., 51 A.D.3d 1400 (N.Y. App. Div. 4th Dep't 2008).published
    “Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems that prevent the discharge of the child into their care, and inform…
  • B.mya, Mtr. of, No. CAF 10-00968 (N.Y. App. Div. 4th Dep't May 6, 2011).published
At page 901 Establishing parental failure to plan for child's future2 citing cases“We reject the further contention of respondent that petitioner failed to establish by clear and convincing evidence that he failed to plan for his child’s future (see, Social Services Law § 384-b [7] [a]).”the opinion's own words at *901
  • Matter of Cheyenne C. (James M.), 185 A.D.3d 1517 (N.Y. App. Div. 4th Dep't 2020).published
    Thus, we conclude that "[t]he record establishes by clear and convincing evidence that, although petitioner made affirmative, repeated, and meaningful efforts' to assist [the father], its efforts were fruitless because [the father] was utt…
  • K., Sophia M. G., Mtr. of, 132 A.D.3d 1377 (N.Y. App. Div. 4th Dep't 2015).published
    The mother failed to obtain required mental health evaluations and to obtain a suitable and stable housing situation (see Matter of Jessica Lynn W., 244 AD2d 900, 901 [1997]).
Retrieving the full opinion text from the archive…
In the Matter of Jessica Lynn W., a Child Alleged to be Permanently Neglected. David W., Appellant Monroe County Department of Social Services
Appellate Division of the Supreme Court of the State of New York.
Nov 19, 1997.
Published opinion
244 A.D.2d 900
1997 N.Y. App. Div. LEXIS 12244
Cited by 18 opinions  |  Published

—Order unanimously affirmed without costs. Memorandum: We reject the contention of respondent that petitioner, Monroe County Department of Social Services, failed to make diligent efforts to strengthen and encourage his relationship with his child (see, Social Services Law § 384-b [7] [a], [f]). Diligent efforts include reasonable attempts at providing counseling, scheduling regular visitation with the child, providing services to the parents to overcome problems that prevent the discharge of the child into their care, and informing the parents of their[*901] child’s progress (see, Social Services Law § 384-b [7] [f]; Matter of Star Leslie W., 63 NY2d 136, 142). The record establishes by clear and convincing evidence that, although petitioner made “affirmative, repeated, and meaningful efforts” to assist respondent, its efforts were fruitless because respondent was utterly uncooperative (Matter of Sheila G., 61 NY2d 368, 385; see, Matter of Christine B., 231 AD2d 916, lv denied 89 NY2d 806).

We reject the further contention of respondent that petitioner failed to establish by clear and convincing evidence that he failed to plan for his child’s future (see, Social Services Law § 384-b [7] [a]). In order to plan adequately for the future of a child, a parent must “assume a measure of initiative and responsibility” (Matter of Jamie M., 63 NY2d 388, 393; see, Matter of Jesus JJ., 232 AD2d 752, lv denied 89 NY2d 809). “At a minimum, parents must ‘take steps to correct the conditions that led to the removal of the child from their home’ ” (Matter of Nathaniel T., 67 NY2d 838, 840, quoting Matter of Leon RR, 48 NY2d 117, 125). Mere denial of culpability or responsibility for the conditions is insufficient (see, Matter of Sonia H., 177 AD2d 575, 576-577). The failure of respondent to plan is evidenced by his uncooperative attitude, his failure to address in any manner his serious parental inadequacies, his refusal to become involved in addressing the child’s mental health needs, and his failure to obtain stable housing or a legitimate source of income. (Appeal from Order of Monroe County Family Court, Bonadio, J.—Terminate Parental Rights.) Present—Denman, P. J., Pine, Wisner, Balio and Boehm, JJ.