Legal Opinion

In re Richardson

New York Court of Appeals

Decided May 7, 1985Published

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

Where a child has been in the care of an authorized agency for more than a year prior to a petition to commit guardianship and custody to the agency, and where by clear and convincing evidence the child’s parents are shown to be presently and for the foreseeable future unable, by reason of mental retardation, *42to provide proper and adequate care for the child, there is no per se requirement of a separate dispositional hearing for consideration of long-term foster care. We therefore affirm the order of the Appellate Division, which itself affirmed the termination of…

2Cases cited11 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. In re HofbauerNew York Court of Appeals · 1979
  3. Humphrey v. StateNew York Court of Appeals · 1983
  4. People Ex Rel. Sibley v. SheppardNew York Court of Appeals · 1981
  5. In re the Guardianship of Aaron D.New York Court of Appeals · 1980

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