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  5. 61 N.Y.2d 368 (1984)
 

MATTER OF SHEILA G.

61 N.Y.2d 368 (1984)

In the Matter of Sheila G.

Court of Appeals of the State of New York.

Decided March 27, 1984.

Attorney(s) appearing for the Case

Barry R. Abbott for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Helen P. Brown and Michael Gage of counsel), for Commissioner of Social Services, respondent.

Eleanor J. Ostrow, Gregory F. Hauser and Mary B. Seyferth for foster parents, respondents.

Robert Payne Preuss and Lenore Gittis, Law Guardians for Sheila G.

Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur with Chief Judge COOKE; Judge KAYE concurs in a separate opinion; Judge SIMONS taking no part.

Chief Judge COOKE.

When 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 strengthen the parent-child relationship and to reunite the family. Only when this duty has been deemed...

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