In re Angie M.P.
Cases that cite this one
12 later published cases cite this decision.
- S., CHRISTOPHER D., MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- MCDONALD, STEFAN R. v. TERRY, MONIQUE S. (Appellate Division of the Supreme Court of New York 2012)
- JENKINS, ALICIA v. SHAW, MICHAEL P. (Appellate Division of the Supreme Court of New York 2011)
- Todd v. Johnson (Appellate Division of the Supreme Court of New York 2009)
- People v. Frank (Appellate Division of the Supreme Court of New York 2007)
- Jason A.C. v. Lisa A.C. (Appellate Division of the Supreme Court of New York 2006)
- In re Jocelyne J. (Appellate Division of the Supreme Court of New York 2004)
- In re Kyle S. (Appellate Division of the Supreme Court of New York 2004)
- In re Susan C. (Appellate Division of the Supreme Court of New York 2003)
- Rochester Community Individual Practice Ass'n v. Excellus Health Plan, Inc. (Appellate Division of the Supreme Court of New York 2003)
- In re Angie M.P. (Appellate Division of the Supreme Court of New York 2002)
- In re Susan C. (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from an order of Family Court, Jefferson County (Hunt, J.), entered November 27, 2000, which, inter alia, terminated respondent’s parental rights on the ground of mental retardation.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Family Court properly terminated the parental rights of respondent with respect to his daughter on the grounds of mental retardation and permanent neglect. Petitioner established by clear and convincing evidence that respondent suffers from “subaverage intellectual functioning which originate [d] during the developmental period and is associated with impairment in adaptive behavior to such an extent that if such child were placed in or returned to the custody of the parent, the child would be in danger of becoming a neglected child” (Social Services Law § 384-b [6] [b]; see, Social Services Law § 384-b [3] [g]). Petitioner further established that respondent is “presently and for the foreseeable future unable, by reason of* * * mental retardation, to provide proper and adequate care” for his daughter (Social Services Law § 384-b [4] [c]; see, Matter of Michael E., 241 AD2d 635, 636-637; Matter of Kimberly J., 216 AD2d 940, 941, lv denied 87 NY2d 801) and that, despite petitioner’s diligent efforts to encourage and strengthen the parental relationship, respondent failed substantially and continuously to plan for the future of his daughter (see, Social Services Law § 384-b [7] [a]). Respondent was resistant to any of the assistance or services offered to him, and was unwilling or unable to change and provide a safe and appropriate home for his daughter.
The court did not abuse its discretion in denying respondent’s
Case-law data current through December 31, 2025. Source: CourtListener bulk data.