MATTER OF ERICA D.

3969.

80 A.D.3d 423 (2011)

915 N.Y.S.2d 46

In the Matter of ERICA D., an Infant. MARIA D., Appellant; NEW ALTERNATIVES FOR CHILDREN, INC., Respondent.

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

Decided January 4, 2011.


Clear and convincing evidence demonstrates that respondent is presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the subject child, who was diagnosed with Down's syndrome. Testing by a senior psychologist employed by the Family Court, indicated that respondent's full scale IQ was 48, which the expert characterized as "extremely low." The director of the Family Court Mental Health Services opined, after...

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