MATTER OF XENA A.


297 A.D.2d 613 (2002)

747 N.Y.S.2d 481

In the Matter of MELODY XENA A. and Others, Infants. CARMEN B., Appellant; LUTHERAN SOCIAL SERVICES OF METRPOLITAN NEW YORK, INC., Respondent.

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

Decided September 26, 2002.


There was clear and convincing evidence that respondent is, by reason of her mental retardation, unable presently and for the foreseeable future to provide proper and adequate care for the subject children (see Social Services Law § 384-b [4] [c]). Respondent does not dispute that she is presently incapacitated, but contends that her capacity to care for her children in the foreseeable future may not be predicated on...

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