Legal Opinion · Dissent

In re Moniea C.

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

Decided July 9, 2004Published

1Dissent

Green, J.P. (dissenting).

I respectfully dissent. Family Court abused its discretion in terminating respondent’s parental rights based solely upon respondent’s admitted failure to abstain completely from the use of marihuana. It is undisputed that respondent satisfied virtually every other requirement contained in the contract and plan for services that was designed to prepare her to be reunited with the child. Respondent maintained visitation with the child, completed a psychological evaluation, mental health counseling, parenting classes and an anger management program, and secured a source…

2Cases cited14 opinions

  1. Robinson v. CaliforniaSupreme Court of the United States · 1962
  2. In Re the Guardianship of Star Leslie W.New York Court of Appeals · 1984
  3. In re Michael B.New York Court of Appeals · 1992
  4. In re Karina U.Appellate Division of the Supreme Court of the State of New York · 2002
  5. In re Lisa Z.Appellate Division of the Supreme Court of the State of New York · 2000

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