MATTER OF DIANA G.


2 A.D.3d 240 (2003)

768 N.Y.S.2d 320

In the Matter of DIANA G., a Child Alleged to be Permanently Neglected. WILMA B., Appellant; SAINT DOMINIC'S HOME et al., Respondents.

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

December 16, 2003.


The finding of permanent neglect is supported by clear and convincing evidence that respondent's drug use contributed to the child's removal from her home, that respondent only sporadically submitted to random drug tests arranged by the agency as a necessary part of any plan for the return of the child, and that respondent failed to attend almost half of the scheduled visits with the child (see Matter of Makever Carl B., ...

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