In re the Viana Children

OPINION OF THE COURT

Ralph Diamond, J.

This is a case of first impression as to whether the recent Court of Appeals decision in Matter of Shelia G. (61 NY2d 368) applies to termination proceedings based upon mental retardation. The Matter of Shelia G. decision involved a termination petition based upon permanent neglect. The current petition before the court is for termination of parental rights based upon mental retardation. This court finds that it must evaluate as a threshold matter whether the agency has exercised diligent efforts to encourage and strengthen the parental relationship.

The…