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  5. 62 N.Y.2d 352 (1984)
 

MATTER OF MARIE B.

62 N.Y.2d 352 (1984)

In the Matter of Marie B.

Court of Appeals of the State of New York.

Decided June 12, 1984.

Attorney(s) appearing for the Case

V. Michael Liccione for Oneida County Department of Social Services, appellant.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), in his statutory capacity under section 71 of the Executive Law, appellant.

Deirdre Parke for respondent mother.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

JASEN, J.

The critical issue on this appeal is the constitutionality of subdivision (e) of section 1039 of the Family Court Act which authorizes a conclusive finding of parental neglect and the consequent removal of a child, without an actual determination of whether the child has in fact been abused or neglected. Specifically, subdivision (e) of section 1039 provides that parental neglect shall be

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