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IN THE MATTER OF DASHAWN W. (ANTOINE N.)

No. 71.

21 N.Y.3d 36 (2013)

2013 NY Slip Op 2774

In the Matter of DASHAWN W. and Others, Children Alleged to be Abused. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, ANTOINE N., Appellant, et al., Respondent.

Court of Appeals of New York.

Decided April 25, 2013.

Attorney(s) appearing for the Case

Elisa Barnes , New York City, for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Deborah A. Brenner and Kristin M. Helmers of counsel), for respondent.

Steven Banks , Legal Aid Society, New York City ( Claire V. Merkine and Tamara A. Steckler of counsel), Attorney for the Children.

OPINION OF THE COURT

READ, J.

We hold that the phrase "circumstances evincing a depraved indifference to human life" does not mean the same thing for purposes of Social Services Law § 384-b (8) (a) (i) as it does under the Penal Law. Second, a showing of diligent efforts to encourage and strengthen the parental relationship is not prerequisite to a finding of severe abuse under Family Court Act § 1051...

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