Unsigned
Mother appealed from a Family Court order terminating her parental rights to her child in this action under Social Services Law §384-b. The panel stated that contrary to mother's allegations, it agreed with family court's assessment that "truly diligent efforts" were made by Jefferson County Department of Social Services (DSS) to encourage and strengthen the parent-child relationship, including arranging for a child psychologist to meet with mother in her home to provide parenting training. The divided panel stated while mother participated in the services offered, evidence established she was unable to provide an adequate, stable home for the child and parental care, affirming the order. The dissent disagreed finding family court erred in terminating mother's parental rights based on permanent neglect. It noted mother was misdiagnosed with depression, instead of bipolar 2, finding she was not being properly treated for her mental illness, thus it could not be said the services provided were specifically tailored to assist her in overcoming her primary handicap. Hence, the dissent voted to reverse finding DSS failed to prove it made diligent efforts to encourage and strengthen the mother's relationship with the child.
