Matter of Ruth Joanna O.O. (Melissa O.)

2017 NY Slip Op 1524, 149 A.D.3d 32, 49 N.Y.S.3d 374
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 28, 2017
StatusPublished
Cited by19 cases

This text of 2017 NY Slip Op 1524 (Matter of Ruth Joanna O.O. (Melissa O.)) 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
Matter of Ruth Joanna O.O. (Melissa O.), 2017 NY Slip Op 1524, 149 A.D.3d 32, 49 N.Y.S.3d 374 (N.Y. Ct. App. 2017).

Opinions

OPINION OF THE COURT

Tom, J.P.

In this child protective proceeding, appellant Melissa O. (the mother) appeals from the finding of the Family Court that she neglected her three-month-old baby girl. After being discovered at 3 a.m. walking in the middle of a road in Texas, suffering from delusions and talking to herself while her infant daughter was left in the front seat of a vehicle stopped somewhere on the road, the mother was hospitalized in a Texas psychiatric ward. Thereafter, the mother, due to her abnormal, aggressive and threatening behavior, was examined by two psychiatrists in New York who determined she was delusional and assessed her as suffering from psychosis. Although she was prescribed medication for her condition, the mother never acknowledged her serious mental health condition and refused to take the medication. In addition, the mother’s unfounded fear that her [34]*34infant daughter had been raped led her to repeatedly “check” the child’s physical condition and then make an unnecessary trip to the hospital.

Because a preponderance of the evidence in the record supports the finding that the mother’s untreated mental condition exposed the child to a substantial risk of harm (Family Ct Act § 1046 [b] [i]; see Matter of Isaiah M. [Antoya M.], 96 AD3d 516, 517 [1st Dept 2012]), we affirm.

I. Facts

On May 16, 2013, the Administration for Children’s Services (ACS) filed a neglect petition against the mother alleging, inter alia, that while the mother was hospitalized from May 4 to May 9, 2013 at Green Oaks Hospital in Texas, she was diagnosed with severe mood disorder with psychosis and postpartum depression, refused to take her prescribed medication (Risperdal), and was referred for further mental health services. The petition alleged that the mother suffered from a mental illness that impaired her ability to care for the child, and had placed the child at imminent risk of harm.

Before a hearing could be held, by order dated May 16, 2013, Family Court temporarily placed the child with the maternal aunt but permitted the mother to reside in the same home provided she not be left alone with the child.

At the fact-finding hearing, the court received in evidence an Office of Children and Family Services intake report, dated May 13, 2013, called in by Julie Burkes, a child protective worker at the Department of Family and Protective Services in Plano, Texas. The report stated that on May 3, 2013, the mother was found walking in the middle of a Texas road, talking to herself. The mother stated that she had killed her husband, that she and her daughter were “the devil,” and that she also was Jesus’s wife. At the time of those statements and observations, the child was found in the front seat of the mother’s car. The mother was “extremely delusional and hyper religious,” and was taken to a “mental health facility,” where she remained until May 9, 2013, but was “non-compliant” and “refused medications.”

During the mother’s hospitalization in Texas, her cousin, who lived in the area, was called to take the child. Upon her release, her sister from New York picked her up and subsequently the mother and child returned to New York.

The court also received in evidence medical records from New York City’s St. Barnabas Hospital (SBH) pertaining to the [35]*35mother’s treatment there on May 11 and 12, 2013. According to those records, around noon on May 11, 2013, one day after returning from Texas, the mother walked into the SBH emergency room with the child, and the mother’s sister, asking that the child “be check[ed].” The mother presented with “erratic behavior.” Specifically, she was “screaming” and told triage personnel that she had been raped while in a psychiatric hospital in Texas. Medical personnel were unable to obtain her vital signs due to her “aggressive” behavior.

At around 12:50 p.m., the mother told medical personnel in the adult emergency department that a “[F]ree [M]ason kill [ed] ” and “raped” “my baby,” and thus the child needed to be medically examined. The mother also stated that she herself was raped by a “Free Mason” and she wanted to be tested for sexually transmitted diseases. She “was acting irrationally, screaming, and [she] wantfed] to walk out” of the hospital with the child. She also exhibited “threatening behavior” and was assessed as suffering from “[p]sychosis” and constituting a “threat to staff and other patients,” such that she had to be “physically restrained” and sedated with Haldol and Versed by injection. A psychiatric evaluation was ordered for the mother, and the child was taken to the pediatric unit.

At around 1:35 p.m., an emergency department physician, Jean Dorce, spoke to the mother’s sister, who stated, inter alia, that the mother had been stopped by police in Dallas, Texas and brought to a hospital, where she was diagnosed with an “unknown” psychiatric condition and released with a prescription for medication. The mother’s sister also stated that the mother had returned to New York from Dallas on the night of May 10, 2013.

During a psychiatric consult conducted at SBH by Dr. Jean Robert Jacques on the night of May 11, 2013, the mother was unable to provide “a relevant history,” except to say that police officers in Texas had brought her to a psychiatric hospital, where she remained for one week, that she “was medicated” there but had “refuse[d] meds,” and that while she had been hospitalized, her cousin “raped” the child. Dr. Jacques found the mother to be “paranoid, suspicious and guarded.” Her thought content was marked by “paranoid ideation.” She had “poor” judgment, “limited” insight, and “fair” cognition. Dr. Jacques diagnosed the mother with “psychosis NOS [not otherwise specified]” and directed that she be held in the emergency department for further evaluation and administered [36]*36Risperdal. However, the mother once again refused that medication and it was not administered.

The following morning, the mother was evaluated by Dr. Sa-lim A1 Salem, to whom she reported, inter alia, that she was separated from her husband a month ago due to “domestic violence” and that her husband was “a member of [the] [F]ree [M]ason cult,” whose other members were “backing him,” which explained why she had been denied gas at a Texas gas station. As for the events that led to her hospitalization in Dallas, she reported that she had driven with the child from Louisiana to the home of a cousin, whom she believed was “doing witchcraft” that “affected [the child].” She left her cousin’s home to find a motel, but police officers “followed” her and removed the child from her care, delivered the child to her cousin, and brought her to a psychiatric hospital. When she was discharged from the hospital, she picked up the child and, along with her sister, flew from Dallas to New York City.

The mother brought the child to SBH for a medical examination because she believed the child had been raped by her cousin. The rape claim was based on having observed a “cotton bud” lubricated with “[V]aseline” “go high up in [the child’s] rectum” when she was dealing with the child’s constipation.

Dr.

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Matter of Ruth Joanna O.O. (Melissa O.)
2017 NY Slip Op 1524 (Appellate Division of the Supreme Court of New York, 2017)

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Bluebook (online)
2017 NY Slip Op 1524, 149 A.D.3d 32, 49 N.Y.S.3d 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-ruth-joanna-oo-melissa-o-nyappdiv-2017.