MATTER OF EVELYN B.


37 A.D.3d 991 (2007)

830 N.Y.S.2d 804

In the Matter of EVELYN B., Alleged to be the Child of a Mentally Ill or Mentally Retarded Parent. CLINTON COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MELINDA E., Appellant.

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

Decided February 22, 2007.


Mugglin, J.

Respondent is the mother of Evelyn B. (born in 2004). The child, who has been in the protective custody of petitioner since she was one day old, was adjudicated to be neglected by respondent in March 2005. Petitioner instituted the present proceeding, seeking to terminate respondent's parental rights, alleging either mental illness or mental retardation (see Social Services Law § 384-b). Following an extensive hearing, Family Court terminated...

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