MATTER OF ANIYA P.

1368.

67 A.D.3d 434 (2009)

889 N.Y.S.2d 138

2009 NY Slip Op 07949

In the Matter of ANIYA P., a Child Alleged to be Abandoned. IMANI B., Appellant; EPISCOPAL SOCIAL SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 5, 2009.


Pursuant to Social Services Law § 384-b (5) (a), a finding of abandonment is required if, in the six-month period preceding the filing of the guardianship proceeding, the "parent evinces an intent to forgo his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or agency, although able to do so and not prevented or discouraged from doing so by the agency. In the absence of evidence to the contrary...

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