MATTER OF LORAIDA G.


183 Misc.2d 126 (1999)

701 N.Y.S.2d 822

In the Matter of LORAIDA G., a Child Alleged to be Neglected. LORI G., Respondent.

Family Court, Schenectady County.

November 16, 1999.


Attorney(s) appearing for the Case

Deanna Siegel for Schenectady County Department of Social Services.

Elbert H. Watrous, Jr., Public Defender of Schenectady County (James S. Martin of counsel), for Lori G. Mark Gaylord, Schenectady, for Raymond S. Patricia Rodriguez, Schenectady, Law Guardian.


OPINION OF THE COURT

VINCENT J. REILLY, JR., J.

The difficult issue before this court is whether to infer a finding of child neglect solely on the basis of the mother's mild mental retardation, thereby depriving her of the opportunity to parent her four-month-old child. The issue is raised in the context of a record devoid of any evidence of actual harm or neglectful acts by respondent towards the infant. In...

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