In re Baker

OPINION OF THE COURT

Anthony K. Pomilio, J.

This is a child neglect proceeding brought pursuant to article 10 of the Family Court Act. We are called upon to determine the constitutionality of subdivision (e) of section 1039 of that article.

The background is as follows. The petitioner filed a child neglect petition on September 7, 1979, alleging that respondent had neglected her daughter, Marie Baker. That petition was adjourned in contemplation of dismissal pursuant to section 1039 of the Family Court Act, for a period of one year, upon the consent of the petitioner, respondent, and Law…