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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
May 28, 2004

Hearing on Neglect Not Required When Custody Rights Abandoned

The petitioning human services department should not have been ordered to file a petition alleging custodial neglect as a prerequisite to proceeding with its plans to make a permanent placement of the child because consent of the child's custodian to his placement was unnecessary due to evidence that she intended to forgo her custodial rights. Matter of Daryl D. Monroe County Department of Human and Health Services, 2004 N.Y. App. Div. LEXIS 6203, CAF 04-00151 (4th Dept. 4/30/04) (Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.).

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