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IN THE MATTER OF SHAWN P. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, respondent; ENDELL P. (ANONYMOUS), appellant.

DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The Family Court properly determined that there was clear and convincing proof of the mother's abandonment of her child during the six-month period before the filing of the petition, in view of the total absence of contact between her and the child during that period ( see Social Services Law § 384-b[a], [b]; Matter of Derrick J., 287 A.D.2d 503; Matter of Tashara B., 299 A.D.2d 356, 357). The mother's incarceration did not prevent her from contacting her child or the agency by telephone or letter ( see Matter of Derrick J., supra; Matter of Tashara B., supra). The petitioner was under no obligation to arrange for visitation ( see Social Services Law § 384-b[b]; Matter of Julius P., 63 N.Y.2d 477, 484; Matter of Derrick J., supra), and it did not prevent or discourage contact between the appellant and her child ( see Matter of Derrick J., supra). Under the circumstances, the Family Court providently exercised its discretion when it determined that a dispositional hearing was not required before terminating the appellant's parental rights ( see Matter of Tashara B., supra).

The appellant's remaining contentions are without merit.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.

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IN THE MATTER OF SHAWN P
(Nov 17, 2003)