Legal Opinion · Dissent

In re the Guardianship & Custody of Dochingozi B.

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1981Published

1DissentFein, J.

This is another Family Court proceeding which began as a neglect proceeding (Social Services Law, § 384-b, subd 4, par [d]; subd 7, par [a]), and was then converted into a mental illness proceeding (Social Services Law, § 384-b, subd 4, par [c]). I do not agree with *511the majority that there was clear and convincing proof that the mother is “for the foreseeable future unable, by reason of mental illness * * * to provide proper and adequate care” (Social Services Law, § 384-b, subd 4, par [c]). In my view the evidence is sufficient for a finding that the child was “permanently neglected” by…

2Cases cited6 opinions

  1. In re Orlando F.New York Court of Appeals · 1976
  2. In re Hime Y.New York Court of Appeals · 1981
  3. In re the Guardianship & Custody of Sylvia M.Appellate Division of the Supreme Court of the State of New York · 1981
  4. In re Ikem B.Appellate Division of the Supreme Court of the State of New York · 1980
  5. In re LewisAppellate Division of the Supreme Court of the State of New York · 1973

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API