In re Jason Anthony S.

Appellate Division of the Supreme Court of New York

In re Jason Anthony S.

277 A.D.2d 389, 717 N.Y.S.2d 197, 2000 N.Y. App. Div. LEXIS 12188

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 20, 2000

StatusPublished

Cited by2 cases

This text of 277 A.D.2d 389 (In re Jason Anthony S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Jason Anthony S., 277 A.D.2d 389, 717 N.Y.S.2d 197, 2000 N.Y. App. Div. LEXIS 12188 (N.Y. Ct. App. 2000).

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Opinion

—In a proceeding pursuant to Social Services Law § 384-b to terminate the mother’s parental rights on the ground that she is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the children, the mother appeals from an order of the Family Court, Kings County (Greenbaum, J.), dated February 26, 1999, which, after a fact-finding hearing, found her unable to provide for the children by reason of mental illness, terminated her parental rights, and committed the guardianship and custody of the infant to the Commissioner of Social Services of the City of New York and Little Flower Children’s Services.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant’s contention, the petitioner established by clear and convincing evidence that she was presently and for the foreseeable future unable by reason of her mental illness to provide proper and adequate care for the infant (see, Social Services Law § 384-b [4] [c]; Matter of Juliana V., 249 AD2d 314). Contrary to the appellant’s contention, the psychiatrist who testified at the hearing was the same psychiatrist who interviewed her before the hearing.

The appellant’s claim that the respondent failed to use reasonable efforts to reunite the family is unpreserved for appellate review (see, Matter of Juliana V., supra), and, in any event, without merit. Unlike cases of parental termination due to permanent neglect (see, Matter of Shantelle W., 185 AD2d 935; Matter of Sheila G., 61 NY2d 368), reasonable efforts are not required where the ground for termination is mental illness [390]*390(see, Matter of Belinda S., 189 AD2d 679; Matter of Demetrius F., 176 AD2d 940; see also, Matter of Juliana V., supra). Santucci, J. P., Sullivan, Altman and Krausman, JJ., concur.

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—In a proceeding pursuant to Social Services Law § 384-b to terminate the mother’s parental rights on the ground that she is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the children, the mother appeals from an order of the Family Court, Kings County (Greenbaum, J.), dated February 26, 1999, which, after a fact-finding hearing, found her unable to provide for the children by reason of mental illness, terminated her parental rights, and committed the guardianship and custody of the infant to the Commissioner of Social Services of the City of New York and Little Flower Children’s Services.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant’s contention, the petitioner established by clear and convincing evidence that she was presently and for the foreseeable future unable by reason of her mental illness to provide proper and adequate care for the infant (see, Social Services Law § 384-b [4] [c]; Matter of Juliana V., 249 AD2d 314). Contrary to the appellant’s contention, the psychiatrist who testified at the hearing was the same psychiatrist who interviewed her before the hearing.

The appellant’s claim that the respondent failed to use reasonable efforts to reunite the family is unpreserved for appellate review (see, Matter of Juliana V., supra), and, in any event, without merit. Unlike cases of parental termination due to permanent neglect (see, Matter of Shantelle W., 185 AD2d 935; Matter of Sheila G., 61 NY2d 368), reasonable efforts are not required where the ground for termination is mental illness [390]*390(see, Matter of Belinda S., 189 AD2d 679; Matter of Demetrius F., 176 AD2d 940; see also, Matter of Juliana V., supra). Santucci, J. P., Sullivan, Altman and Krausman, JJ., concur.

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Bluebook (online)

277 A.D.2d 389, 717 N.Y.S.2d 197, 2000 N.Y. App. Div. LEXIS 12188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jason-anthony-s-nyappdiv-2000.

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