[Download] "Matter Guardianship Star Leslie W." by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Guardianship Star Leslie W.
- Author : Court of Appeals of New York
- Release Date : January 18, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[63 N.Y.2d 136 Page 140] Opinion OF THE COURT This is an appeal from an order terminating respondent's parental rights to her child, Star Leslie W., because of permanent neglect (Social Services Law, § 384-b, subd 4, par [d]; subd 7). To support that order the statute requires proof before Family Court that respondent failed to maintain contact with or plan for the future of her child for a period of one year after the child came into the custody of an authorized agency notwithstanding the agency's diligent efforts to encourage and strengthen the parental relationship. Respondent contends that petitioner failed to establish neglect under the statute by clear and convincing evidence (see Santosky v Kramer, 455 U.S. 745; Matter of Michael B., 58 N.Y.2d 71) but more particularly she claims that the order should be reversed because the child was not in the custody of an authorized agency at the time the petition was filed and because the petition was not filed until several months after the one-year period of neglect found by the court. Family Court granted the petition and the Appellate Division affirmed by a divided court. We now affirm its order.