MATTER OF JOYCE T.


65 N.Y.2d 39 (1985)

In the Matter of Joyce T. W. Burton Richardson, as Director of Monroe County Department of Social Services, Respondent; Christopher T. et al., Appellants.

Court of Appeals of the State of New York.

Decided May 7, 1985.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Joan S. Kohout and Margaret A. Burt of counsel), for appellants.

Marcia H. Wishengrad and Milo I. Tomanovich for respondent.

Alan L. Offen, Law Guardian.

Robert Abrams, Attorney-General (Robert J. Schack, Robert Hermann and Maryellen Weinberg of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and ALEXANDER concur.


KAYE, J.

Where a child has been in the care of an authorized agency for more than a year prior to a petition to commit guardianship and custody to the agency, and where by clear and convincing evidence the child's parents are shown to be presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the child...

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