DECATUR v. AHEARN


89 A.D.2d 742 (1982)

F. Richard Decatur, Jr., as Guardian ad Litem of Katherine Q. Dwyer, an Infant, et al., Appellants, v. Frances Ahearn et al., Respondents. (Action No. 1.) In the Matter of Mary S. Burch, Respondent, v. Edward Ahearn et al., Respondents, and Mary J. England, as Commissioner of Social Services of The Commonwealth of Massachusetts, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 29, 1982


Katherine Quinn Dwyer is a six year old born out of wedlock in Massachusetts to Mary Catherine Dwyer, who became an alcoholic and was periodically unable to care for the child. On November 3, 1978, Mary signed a form agreement of temporary care for Katherine with the Massachusetts Department of Public Welfare, which then placed the child with Edward and Frances Ahearn for foster care. When the mother attempted to rescind the agreement and terminate foster care, the department...

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