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JANET G v. NY FOUNDLING HOSP

94 Misc.2d 133 (1978)

In the Matter of Janet G., Petitioner, v. New York Foundling Hospital et al., Respondents.

Family Court, New York City Foster Care Review Term.

March 1, 1978

Attorney(s) appearing for the Case

Robbins & Newman (Lawrence B. Newman of counsel), for petitioner. Manuel Epstein for father. W. Bernard Richland, Corporation Counsel (Hyman Frankel and Deborah Abramson of counsel), for Commissioner of Social Services, respondent. Bodell & Magovern, P. C. (John V. Moliterno of counsel), for New York Foundling Hospital, respondent. David H. Shapiro, Law Guardian, for child. Marrin & Smyth (Wilfrid E. Marrin of counsel), for foster parents.

AILEEN H. SCHWARTZ, J.

The real question in this case is whether the State may use the newly won constitutional rights of minors to relieve itself of all responsibility as parens patriae in dealing with minors who are parents. Not only does the issue pose novel considerations, but its import is of more than limited effect because the facts reveal a system gone amiss and, indeed, unprepared for the singular...

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