In re the Guardianship & Custody of Roselyn Mercedes F.

Appellate Division of the Supreme Court of New York

In re the Guardianship & Custody of Roselyn Mercedes F.

238 A.D.2d 222, 657 N.Y.S.2d 8, 1997 N.Y. App. Div. LEXIS 4068

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

DecidedApril 22, 1997

StatusPublished

Cited by4 cases

This text of 238 A.D.2d 222 (In re the Guardianship & Custody of Roselyn Mercedes F.) 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.

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In re the Guardianship & Custody of Roselyn Mercedes F., 238 A.D.2d 222, 657 N.Y.S.2d 8, 1997 N.Y. App. Div. LEXIS 4068 (N.Y. Ct. App. 1997).

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Opinion

—Orders, Family Court, Bronx County (Marjory Fields, J.), entered February 15, 1996, terminating respondent’s parental rights to the six subject children upon a finding of mental illness, unanimously affirmed, without costs.

Uncontroverted expert testimony established that respondent is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the six children (Social Services Law § 384-b [4] [c]; [6] [a]). Notwithstanding that readoptive homes had not been found for all the children, termination of respondent’s parental rights is in the best interests of all of them, where, under the most optimistic prognosis, respondent would need at least seven years of therapy and medications before her condition could be normalized (see, Matter of Brett J., 206 AD2d 595, 597, lv denied 84 NY2d 807). Concur—Murphy, P. J., Milonas, Mazzarelli and Andrias, JJ.

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—Orders, Family Court, Bronx County (Marjory Fields, J.), entered February 15, 1996, terminating respondent’s parental rights to the six subject children upon a finding of mental illness, unanimously affirmed, without costs.

Uncontroverted expert testimony established that respondent is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the six children (Social Services Law § 384-b [4] [c]; [6] [a]). Notwithstanding that readoptive homes had not been found for all the children, termination of respondent’s parental rights is in the best interests of all of them, where, under the most optimistic prognosis, respondent would need at least seven years of therapy and medications before her condition could be normalized (see, Matter of Brett J., 206 AD2d 595, 597, lv denied 84 NY2d 807). Concur—Murphy, P. J., Milonas, Mazzarelli and Andrias, JJ.

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238 A.D.2d 222, 657 N.Y.S.2d 8, 1997 N.Y. App. Div. LEXIS 4068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-custody-of-roselyn-mercedes-f-nyappdiv-1997.

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