MATTER OF C. CHILDREN

LEE H. ELKINS, J. Therefore, the court finds that the subject children were abandoned within the meaning of Social Services Law § 384-b (4) (b) and (5) (a), in that the respondent mother failed for the period of six months immediately preceding the filing of this petition by the authorized agency, to visit or to communicate with the children, while in the care of their grandmother both before and after the children reentered foster care. [1] The petitioner does not argue that the child is destitute within the meaning of Social Services Law § 371 (3). A destitute child is one who, through no neglect on the part of the child's parent, guardian, or custodian, is destitute or homeless or a runaway. [2] Social Services Law § 371 (10) (b) provides in part that an authorized agency includes "[a]ny court . . . of this state authorized by law to place . . . children." [3] The relative having custody or guardianship might bring an action for adoption under the Domestic Relations Law. (See, Domestic Relations Law § 111.) [4] A caveat is that under the Social Services Law, the abandonment must have continued uninterrupted for the period of six months immediately preceding the agency filing the petition in court. (Social Services Law § 384-b [4] [b].) [5] The mother surrendered her parental rights in February 2000.