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IN RE CUSTODY OF GENESIS JEANICE BLAIR M., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., DARRYL M., RESPONDENT-APPELLANT, LITTLE FLOWER CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

The finding of neglect is supported by clear and convincing evidence that diligent efforts by the agency to encourage and strengthen the parental relationship (see, Social Services Law § 384-b[f]) were thwarted by respondent's failure to complete a drug treatment program and his recurring drug-related arrests and incarcerations (see, Matter of Gregory B., 74 N.Y.2d 77, 89-90; Matter of Manuel Antonio M., 234 A.D.2d 87). Given this failure to plan for the child's future, it does not avail respondent that he maintained some visitation with the child (see, Matter of Taqueena Louise C., 222 A.D.2d 283, lv denied 87 N.Y.2d 812) . A preponderance of the evidence supports the finding that it is in the child's best interests to be freed for adoption by the foster family that has provided her with a stable and supportive home for almost her entire life (see, Matter of Shaka Efion C., 207 A.D.2d 740).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE CUSTODY OF GENESIS JEANICE BLAIR M
(Jul 2, 2002)