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IN THE MATTER OF DAMIAN D.T.B. (ANONYMOUS). DEPARTMENT OF SOCIAL SERVICES, respondent; TINA B. (ANONYMOUS), appellant. (PROCEEDING NO. 1) IN THE MATTER OF RICHARD L. B. (ANONYMOUS), JR. DEPARTMENT OF SOCIAL SERVICES, RESPONDENT; TINA B. (ANONYMOUS), appellant. (PROCEEDING NO. 2)

ORDERED that the orders of disposition are affirmed, without costs or disbursements.

The evidence establishes that the mother "failed to plan for the future" of these two children, as required by Social Services Law § 384-b(7)(c). Notwithstanding the agency's persistent and diligent efforts to help the mother by offering her parenting classes, therapy, evaluations, transportation, foster care payments, moving expenses, rent payments, and security, the mother refused to cooperate, and thus failed to plan for her children's future and welfare. An agency that has embarked on a diligent course but faces an utterly uncooperative or indifferent parent has nevertheless fulfilled its duty (see Matter of Sheila G., 61 N.Y.2d 368, 385).

PRUDENTI, P.J., FEUERSTEIN, FRIEDMANN and H. MILLER, JJ., concur.

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IN THE MATTER OF DAMIAN D.T.B
(May 8, 2002)