Legal Opinion

In re Ericka M.

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

Decided July 3, 2001PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Family Court erred in granting the petition seeking to terminate respondent’s parental rights on the ground of permanent neglect (see, Social Services Law § 384-b [4] [d]; [7] [a]). It is well settled that, “[w]hen a child-care agency has custody of a child and brings a proceeding to terminate parental rights on the ground of permanent neglect, it must affirmatively plead in detail and prove by clear and convincing evidence that it has fulfilled its statutory duty to exercise diligent efforts to…

2Cases cited2 opinions

  1. In re Sheila G.New York Court of Appeals · 1984
  2. In re Jawan Y.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. In re Alyshia M.R.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Shi'ann FF.Appellate Division of the Supreme Court of the State of New York · 2008

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