Opinion
2012-06-13
In the Matter of HOPE K.W. (Anonymous), appellant. Administration for Children's Services, petitioner-respondent; Aminta I. (Anonymous), respondent-appellant, et al., respondent.
Carol Kahn, New York, N.Y., attorney for the child, the appellant Hope K.W. Rhonda R. Weir, Brooklyn, N.Y., for respondent-appellant.
Carol Kahn, New York, N.Y., attorney for the child, the appellant Hope K.W. Rhonda R. Weir, Brooklyn, N.Y., for respondent-appellant.
Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for petitioner-respondent.
DANIEL D. ANGIOLILLO, J.P., ANITA R. FLORIO, ARIEL E. BELEN, and CHERYL E. CHAMBERS, JJ.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of mental illness, the mother appeals, and the child, Hope K. W., separately appeals, from an order of fact-finding and disposition of the Family Court, Kings County (Danoff, J.), dated March 15, 2011, which, after fact-finding and dispositional hearings, terminated the mother's parental rights upon a finding that she is presently, and will be in the foreseeable future, unable, by reason of mental illness, to provide proper and adequate care for the subject child, and transferred custody and guardianship of the subject child to MercyFirst and the Commissioner of the Administration for Children's Services of the City of New York for purposes of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
Contrary to the contention of the attorney for the child, the mother may appeal from the entire order, as her attorney participated in both the fact-finding and dispositional hearings ( see Matter of Edward J. Mc. [ Edward J. Mc.], 92 A.D.3d 887, 2012 WL 579505;Matter of Elijah P. [ C.I.P.], 76 A.D.3d 631, 907 N.Y.S.2d 269; Matter of Amber Megan D., 54 A.D.3d 338, 862 N.Y.S.2d 568;Matter of Vanessa M., 263 A.D.2d 542, 693 N.Y.S.2d 221;Matter of Geraldine Rose W., 196 A.D.2d 313, 609 N.Y.S.2d 324).
There was clear and convincing evidence to support the Family Court's determination that the mother is presently, and for the foreseeable future, unable, by reason of mental illness, to provide proper and adequate care to the subject child ( seeSocial Services Law § 384–b[4][c]; Matter of Dominique Larissa Blue M. [ Yasmin M.], 84 A.D.3d 962, 923 N.Y.S.2d 332;Matter of Maleeka Abdullah M., 65 A.D.3d 1045, 884 N.Y.S.2d 872;Matter of Joseph Lawrence S., 56 A.D.3d 785, 868 N.Y.S.2d 274;Matter of Tyler Shannara S., 38 A.D.3d 560, 832 N.Y.S.2d 576;Matter of Karyn Katrina D., 19 A.D.3d 592, 797 N.Y.S.2d 536). The court-appointed psychologist, after interviewing the mother and reviewing a previous forensic report of the mother performed by another court-appointed psychologist, hospital records, and the records of a prior neglect proceeding, testified that the mother suffers from severe depression, with psychotic features, and a personality disorder. The psychologist opined that if the child were returned to the mother, she would be at risk of being neglected in the present and in the foreseeable future due to the nature of the mother's illness, the mother's lack of insight about her illness, and the mother's inability to act in accordance with her child's needs due to her illness ( see Matter of Jasmine Cherie B., 56 A.D.3d 552, 867 N.Y.S.2d 517;Matter of Cora P., 49 A.D.3d 650, 852 N.Y.S.2d 806;Matter of Amanda Ann B., 38 A.D.3d 537, 832 N.Y.S.2d 59;Matter of Andrew U., 22 A.D.3d 926, 802 N.Y.S.2d 281).
Further, it was in the child's best interests to terminate the mother's parental rights and free her for adoption ( see Matter of Loretta C., 32 A.D.3d 764, 821 N.Y.S.2d 559;Matter of Ernesto Thomas A., 5 A.D.3d 380, 772 N.Y.S.2d 708).
The mother's remaining contention is unpreserved for appellate review.
The remaining contention of the attorney for the child is without merit.