In re Davis

OPINION OF THE COURT

Edward J. McLaughlin, J.

The two cases now before the court share a similar fact pattern. Both involve children who are handicapped whose parent(s) seek residential and habilitative services through a voluntary placement agreement with the Onondaga County Department of Social Services pursuant to sections 358-a and 384-a of the Social Services Law. In both cases the parent(s) of the child were required to transfer custody of the child to the Commissioner of Social Services in order for the child to receive rehabilitative services. None of these parents wish to transfer…