MATTER OF MICHAEL R.


2 A.D.3d 164 (2003)

767 N.Y.S.2d 617

In the Matter of KENNETH MICHAEL R., a Child Alleged to be Permanently Neglected. CHERYL R., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

December 4, 2003.


The finding of permanent neglect is supported by clear and convincing evidence that despite petitioner's diligent efforts to assist respondent to overcome her drug abuse, she continues to regularly use marijuana (see Matter of Tiwana M., 267 A.D.2d 144 [1999]). In addition, respondent missed or was late to some 20% of her biweekly visits, despite regular calls from the agency reminding her of the appointments (see id.). Termination...

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