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In the Matter of TONY H., a Child Alleged to be Permanently Neglected. GWENDOLYN H., Appellant; EDWIN GOULD SERVICES FOR CHILDREN AND FAMILIES, Respondent.

Respondent permanently neglected her child. Although the agency repeatedly attempted to assist respondent in meeting goals for the return of the child, she resisted these efforts by failing to comply with drug testing and engaging in activities that ultimately led to her arrest on a drug-related charge. However, in light of the circumstances of this case, including the foster parent's decision not to adopt the child, the passage of about two years since the dispositional hearing, and respondent's significant progress toward rehabilitation, there should be a new dispositional hearing to reevaluate the best interests of the child ( see Matter of Danny Darrell V., 284 AD2d 247).

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IN THE MATTER OF TONY H
(Apr 25, 2006)