In re the Commitment of Star A.

Sullivan, J. (dissenting).

Although the petition to terminate parental rights was brought on alternate grounds, viz., permanent neglect by reason of the respondent mother’s failure to maintain contact with or plan for the future of the children, and her inability to care for the children in the foreseeable future by reason of mental illness, the agency elected to proceed solely on the issue of permanent neglect.* Family Court dismissed the cause of action based on permanent neglect, holding that although respondent failed to plan for the future of the children, the agency did not make…