¶1—Order unanimously affirmed without costs. Memorandum: Family Court properly terminated respondent’s parental rights pursuant to Social Services Law § 384-b (4) (b) on the ground of abandonment. Respondent contends that his contact with his children ended only because of his incarceration and that petitioner failed to make a diligent effort to locate him in prison. “Incarceration does not excuse a parent from establishing or maintaining contact with a child” (Matter of Anthony M., 195 AD2d 315, 316). Respondent failed to rebut the presumption of abandonment (see, Social Services Law § 384-b [5] [a]). “Contrary to respondent’s contention, petitioner was not required to show that it made diligent efforts to encourage respondent to maintain contact with his [children] in order to prevail on the abandonment petition” (Matter of Christina S., 251 AD2d 982, 983; see, Social Services Law § 384-b [5] [b]; Matter of Erica C., 257 AD2d 445, 446). Even if petitioner had been aware of respondent’s incarceration, it was not “obligated to contact [respondent] and initiate efforts to encourage his parental relationship with [his children]” (Matter of Shakim Ravon B., 257 AD2d 547). (Appeal from Order of Erie County Family Court, Townsend, J. — Terminate Parental Rights.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.
277 A.D.2d 937
In re Alexander B.
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2000
Appellate Division of the Supreme Court of the State of New York · decided 2000-11-13
Decided 2000-11-13