In re the Guardianship & Custody of Jemanja B.

Appellate Division of the Supreme Court of New York

In re the Guardianship & Custody of Jemanja B.

287 A.D.2d 298, 731 N.Y.S.2d 361, 2001 N.Y. App. Div. LEXIS 9350

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

DecidedOctober 11, 2001

StatusPublished

Cited by2 cases

This text of 287 A.D.2d 298 (In re the Guardianship & Custody of Jemanja B.) 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 the Guardianship & Custody of Jemanja B., 287 A.D.2d 298, 731 N.Y.S.2d 361, 2001 N.Y. App. Div. LEXIS 9350 (N.Y. Ct. App. 2001).

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Opinion

—Orders of disposition, Family Court, Bronx County (Rhoda Cohen, J.), entered on or about July 18, 1996, terminating respondent’s parental rights to the subject children upon a finding of mental illness, unanimously affirmed, without costs.

Clear and convincing evidence of mental illness within the meaning of Social Services Law § 384-b (6) (a) as required by Social Services Law § 384-b (4) (c) to terminate parental rights was provided by the psychiatrist who interviewed respondent and reviewed her medical records (see, Matter of David T., 268 AD2d 309). Given such a finding, a dispositional hearing was not a prerequisite to the termination of parental rights (see, id.). We also note the evidence that the children have spent most of their lives in foster care. Concur — Tom, J. P., Andrias, Wallach and Buckley, JJ.

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—Orders of disposition, Family Court, Bronx County (Rhoda Cohen, J.), entered on or about July 18, 1996, terminating respondent’s parental rights to the subject children upon a finding of mental illness, unanimously affirmed, without costs.

Clear and convincing evidence of mental illness within the meaning of Social Services Law § 384-b (6) (a) as required by Social Services Law § 384-b (4) (c) to terminate parental rights was provided by the psychiatrist who interviewed respondent and reviewed her medical records (see, Matter of David T., 268 AD2d 309). Given such a finding, a dispositional hearing was not a prerequisite to the termination of parental rights (see, id.). We also note the evidence that the children have spent most of their lives in foster care. Concur — Tom, J. P., Andrias, Wallach and Buckley, JJ.

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287 A.D.2d 298, 731 N.Y.S.2d 361, 2001 N.Y. App. Div. LEXIS 9350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-custody-of-jemanja-b-nyappdiv-2001.

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