In re Tyesha W.

Appellate Division of the Supreme Court of New York

In re Tyesha W.

259 A.D.2d 349, 687 N.Y.S.2d 16, 1999 N.Y. App. Div. LEXIS 2761

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

DecidedMarch 16, 1999

StatusPublished

Cited by4 cases

This text of 259 A.D.2d 349 (In re Tyesha W.) 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 Tyesha W., 259 A.D.2d 349, 687 N.Y.S.2d 16, 1999 N.Y. App. Div. LEXIS 2761 (N.Y. Ct. App. 1999).

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Opinion

Order of disposition, Family Court, Bronx County (Gail Roberts, J.), entered on or about December 8, 1997, terminating respondent’s parental rights to the subject child upon a finding of mental illness, and committing guardianship and custody of the child to petitioner agency and the Commissioner of the Administration of Family Services, unanimously affirmed, without costs.

The uncontroverted testimony of the court-appointed psychiatrist provided clear and convincing evidence that respondent’s substance abuse was not the cause of her mental illness, and that she is presently and for the foreseeable future unable, by reason of such illness, to care adequately for the child. That the psychiatrist did not review a portion of respondent’s clinical records is not, by itself, reason for discrediting his testimony. Given a record establishing present and future inability to care for the child, a dispositional hearing was not necessary in order to find that termination of respondent’s parental rights is in the child’s best interests (see, Matter of Joyce T., 65 NY2d 39, 46), and, for purposes of such a finding, it makes no difference that the child is not in an adoptive home (see, Matter of Roselyn Mercedes F., 238 AD2d 222). Concur— Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

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Order of disposition, Family Court, Bronx County (Gail Roberts, J.), entered on or about December 8, 1997, terminating respondent’s parental rights to the subject child upon a finding of mental illness, and committing guardianship and custody of the child to petitioner agency and the Commissioner of the Administration of Family Services, unanimously affirmed, without costs.

The uncontroverted testimony of the court-appointed psychiatrist provided clear and convincing evidence that respondent’s substance abuse was not the cause of her mental illness, and that she is presently and for the foreseeable future unable, by reason of such illness, to care adequately for the child. That the psychiatrist did not review a portion of respondent’s clinical records is not, by itself, reason for discrediting his testimony. Given a record establishing present and future inability to care for the child, a dispositional hearing was not necessary in order to find that termination of respondent’s parental rights is in the child’s best interests (see, Matter of Joyce T., 65 NY2d 39, 46), and, for purposes of such a finding, it makes no difference that the child is not in an adoptive home (see, Matter of Roselyn Mercedes F., 238 AD2d 222). Concur— Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

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Bluebook (online)

259 A.D.2d 349, 687 N.Y.S.2d 16, 1999 N.Y. App. Div. LEXIS 2761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tyesha-w-nyappdiv-1999.

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