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MATTER OF TIMMONS v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES

275 A.D.2d 623 (2000)

713 N.Y.S.2d 55

In the Matter of INEZ TIMMONS, Petitioner, v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES et al., Respondents.

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

Decided September 14, 2000.

Respondent's determination that the child placed in petitioner's foster care had not been certified by a qualified psychiatrist or psychologist as having a behavioral disorder requiring a high degree of supervision improperly discounted that a psychiatrist twice recommended the special rate based on examinations conducted more than a year apart that found multiple behavioral problems. That the psychiatrist's report did not explicitly state why extra supervision is necessary...

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