Matter of Julius P

In Matter of Julius P., 63 N.Y.2d 477 (1984), the Court of Appeals stated that "the statute makes clear that the burden rests on the parent to maintain contact and that the subjective good faith will not prevent a finding of abandonment." The Court also noted that the agency does not have to exercise diligent efforts to encourage communications between a parent and a child although it cannot discourage them. In Julius P the Court of Appeals clearly stated that the statutory mandate which governs permanent neglect cases does not govern termination cases on the basis of abandonment.