Matter of Mahogany Z. (Wayne O.)
Raymond White, Albany County Department for Children, Youth and Families, Albany, for respondent.
Sharon Lee McNulty, Law Guardian, Albany.
Mercure, J.P. Appeal from an order of the Family Court of Albany County (Duggan, J.), entered April 10, 2009, which granted petitioner‘s application, in a proceeding pursuant to
The mother gave birth to the subject child in March 2007 and, with her consent, petitioner placed the child in a foster home shortly thereafter. In December 2007, petitioner commenced this termination of parental rights proceeding against respondent, the purported father, alleging abandonment.* Respondent subsequently consented to the entry of an order of
Initially, we reject the Law Guardian‘s contention that this appeal has been rendered moot by virtue of the child‘s subsequent adoption by her foster parents. A determination of neglect creates “a permanent and significant stigma which is capable of affecting a parent‘s status in potential future proceedings” and, thus, an appeal therefrom is not moot even though the subject child has been adopted (Matter of Matthew C., 227 AD2d 679, 680-681 [1996]). In this case, respondent was found to have abandoned and not neglected the child, but a different result is not warranted given that a finding of neglect may be premised upon abandonment (see
Petitioner was obliged to demonstrate, by clear and convincing evidence, that respondent abandoned the child for a period of six months prior to the filing of the abandonment petition in order to terminate his parental rights (see
Here, despite being aware of the child‘s existence and visiting her immediately after her birth, respondent did not interact with either the child or petitioner during the relevant six-month period. Respondent does not claim that he was unable to engage in such communication; instead, he asserts that petitioner made an insufficient effort to involve him in the child‘s life. Petitioner, however, was not required to show that it made a diligent effort to encourage him to visit or communicate with the child (see
Respondent‘s remaining argument, that Family Court should have held a dispositional hearing, is unpreserved for our review given his failure to seek such a hearing before that court (see Matter of Robert XX., 290 AD2d 753, 755 [2002]; Matter of Nahja I., 279 AD2d 666, 668 [2001]). Regardless, a dispositional hearing is not required where abandonment is established and, given the facts presented, Family Court did not abuse its discretion in failing to conduct one (see Matter of Chantelle TT., 281 AD2d 660, 662 [2001]; Matter of Alex MM., 260 AD2d 675, 676 [1999]).
Spain, Rose, Lahtinen and Stein, JJ., concur. Ordered that the order is affirmed, without costs.