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MATTER OF TRUESDELL

No. 429PA83.

329 S.E.2d 630 (1985)

313 N.C. 421

In the Matter of Sophia Renee TRUESDELL (appealed by Mecklenburg County Department of Social Services).

Supreme Court of North Carolina.

May 7, 1985.

Attorney(s) appearing for the Case

Ruff, Bond, Cobb, Wade & McNair by Moses Luski, Charlotte, for petitioner-appellant.

Haywood, Carson & Merryman by Eben T. Rawls, Charlotte, for respondent-appellee.

Moore, Van Allen and Allen by C. Steven Mason, Raleigh, for amicus curiae, Mrs. Carole Seate.

Karen Sindelar and R. Bradley Miller, Raleigh, for amicus curiae, Governor's Advocacy Council for Persons with Disabilities.

Deborah Greenblatt, Raleigh, for amicus curiae, Carolina Legal Assistance, Inc.

Blanchard, Tucker, Twiggs, Earls & Abrams by Irvin B. Tucker, Raleigh, for amicus curiae, North Carolina Ass'n for Retarded Citizens.

Shelley T. Eason and Eric R. Spence, Raleigh, for amicus curiae, North Carolina Ass'n for County Directors of Social Services, Inc.

FRYE, Justice.

FACTS

Petitioner, Mecklenburg County Department of Social Services (hereinafter DSS), filed a petition on 30 March 1977, amended on 18 June 1980, pursuant to G.S. 35-36, et seq., requesting the sterilization of respondent, Sophia Renee Truesdell. DSS, in its original and amended complaint, sought the sterilization on the ground that "because of a physical, mental, or nervous disease or deficiency which is not likely to materially improve...

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