MATTER OF JAMES J.

513366.

97 A.D.3d 936 (2012)

948 N.Y.S.2d 203

2012 NY Slip Op 5581

In the Matter of JAMES J. and Others, Children Alleged to be Permanently Neglected. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JAMES K., Appellant.

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

July 12, 2012.


Stein, J.

Respondent is the father of the five children at issue here (born in 1999, 2001, 2003, 2004 and 2006). Respondent was incarcerated in October 2005. In April 2009, while respondent was still incarcerated, the children were removed from the custody of their mother, with her consent, and placed in foster care with maternal relatives. Respondent admittedly knew about the children's placement. Although respondent was released from prison in December 2009, he...

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