In re Mar De Luz R.

Appellate Division of the Supreme Court of New York

In re Mar De Luz R.

95 A.D.3d 423, 942 N.Y.S.2d 866

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

DecidedMay 1, 2012

StatusPublished

Cited by5 cases

This text of 95 A.D.3d 423 (In re Mar De Luz R.) 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 Mar De Luz R., 95 A.D.3d 423, 942 N.Y.S.2d 866 (N.Y. Ct. App. 2012).

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Opinion

Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about February 22, 2011, which, upon a finding of mental illness, terminated respondent mother’s parental rights and committed the custody and guardianship of the subject children to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

The court’s determination that respondent’s untreated mental illness renders her unable, at present and for the foreseeable future, to provide proper and adequate care for the subject children, one of whom has special needs, was supported by clear and convincing evidence (Social Services Law § 384-b [3] [g] [i]). The court properly permitted the court-appointed psychologist to testify as to respondent’s mental illness, pursuant to the statute (see Social Services Law § 384-b [4] [c]; [6] [c]; see e.g. Matter of Isaiah J. [Janice J.], 82 AD3d 651 [2011]; Matter of Robert K., 56 AD3d 353 [2008], lv denied 12 NY3d 704 [2009]; Matter of Nadaniel Jackie P., 35 AD3d 305 [2006]). Moreover, respondent’s testimony demonstrated that she was unable to acknowledge the existence of her mental illness and that she did not believe her prescribed medication was needed to manage her condition. Concur — Mazzarelli, J.P., Acosta, Renwick and Richter, JJ.

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Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about February 22, 2011, which, upon a finding of mental illness, terminated respondent mother’s parental rights and committed the custody and guardianship of the subject children to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

The court’s determination that respondent’s untreated mental illness renders her unable, at present and for the foreseeable future, to provide proper and adequate care for the subject children, one of whom has special needs, was supported by clear and convincing evidence (Social Services Law § 384-b [3] [g] [i]). The court properly permitted the court-appointed psychologist to testify as to respondent’s mental illness, pursuant to the statute (see Social Services Law § 384-b [4] [c]; [6] [c]; see e.g. Matter of Isaiah J. [Janice J.], 82 AD3d 651 [2011]; Matter of Robert K., 56 AD3d 353 [2008], lv denied 12 NY3d 704 [2009]; Matter of Nadaniel Jackie P., 35 AD3d 305 [2006]). Moreover, respondent’s testimony demonstrated that she was unable to acknowledge the existence of her mental illness and that she did not believe her prescribed medication was needed to manage her condition. Concur — Mazzarelli, J.P., Acosta, Renwick and Richter, JJ.

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Bluebook (online)

95 A.D.3d 423, 942 N.Y.S.2d 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mar-de-luz-r-nyappdiv-2012.

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