Opinion
6053
03-22-2018
IN RE MYLAH C., a Child Under Eighteen Years of Age, etc., Chantal C., Respondent–Appellant, v. The Administration for Children's Services, Petitioner–Respondent.
Larry S. Bachner, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent. Dawne Mitchell, The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), attorney for the child.
Larry S. Bachner, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.
Dawne Mitchell, The Legal Aid Society, New York (Seymour W. James, Jr. of counsel), attorney for the child.
Tom, J.P., Webber, Oing, Moulton, JJ.
Order, Family Court, New York County (Jane Pearl, J.), entered on or about April 4, 2017, which, to the extent appealed from as limited by the briefs, found that respondent mother neglected the subject child based on respondent's failure to comply with treatment for her mental illness, unanimously affirmed, without costs.
Petitioner demonstrated by a preponderance of the evidence that the mother suffers from mental illness and psychosis, that she often lacks insight into her illness and need for treatment, and that her mental condition interferes with her judgment and parenting abilities, thereby placing the child at imminent risk of physical, mental or emotional impairment (see Matter of Ruth Joanna O.O. [Melissa O.], 149 A.D.3d 32, 39, 49 N.Y.S.3d 374 [1st Dept. 2017], affd 30 N.Y.3d 985, 65 N.Y.S.3d 122, 87 N.E.3d 154 [2017] ; Matter of Jalicia G. [Jacqueline G.], 130 A.D.3d 402, 403, 13 N.Y.S.3d 49 [1st Dept. 2015] ; Matter of Immanuel C.–S [Debra C.], 104 A.D.3d 615, 962 N.Y.S.2d 122 [1st Dept. 2013] ). The mother made numerous visits to the emergency department, exhibiting psychotic and aggressive behavior, homicidal ideation, somatic preoccupation, and poor judgment and insight, which on one occasion even caused her to be physically restrained. She also underwent multiple extended hospitalizations for mental illness (Matter of Jacob L. [Chastity P.], 121 A.D.3d 502, 994 N.Y.S.2d 122 [1st Dept. 2014] ), and experienced repeated relapses due to her noncompliance with prescribed medication and therapy ( Ruth Joanna O.O., 149 A.D.3d at 41, 49 N.Y.S.3d 374 ; Matter of Michael P. [Orthensia H.], 137 A.D.3d 499, 500, 27 N.Y.S.3d 123 [1st Dept. 2016] ; Matter of Naomi S. [Hadar S.], 87 A.D.3d 936, 933 N.Y.S.2d 1 [1st Dept. 2011], lv denied 18 N.Y.3d 804, 939 N.Y.S.2d 749, 963 N.E.2d 126 [2012] ).
Evidence of actual injury to the child was not required to enter a finding of neglect, since there is sufficient evidence that the child was at imminent risk of harm due to the mother's untreated mental illness ( Ruth Joanna O.O. at 41, 49 N.Y.S.3d 374 ; Matter of Immanuel C.–S [Debra C.], 104 A.D.3d at 615, 962 N.Y.S.2d 122 ; Matter of Annalize P. [Angie D.], 78 A.D.3d 413, 414, 911 N.Y.S.2d 291 [1st Dept. 2010] ; Family Court Act § 1012[f][i] ; see Nicholson v. Scoppetta, 3 N.Y.3d 357, 368–369, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004] ). In any event, there is evidence that the mother's illness interferes with her ability to care and plan for the child.