Opinion
2013-03-15
In the Matter of CHRISTOPHER B., JR. Erie County Department of Social Services, Petitioner–Respondent; Christopher B., Sr., Respondent–Appellant. In the Matter of Christopher B., Jr. Erie County Department of Social Services, Petitioner–Respondent; Christopher B., Sr., Respondent–Appellant.
Bernadette M. Hoppe, Buffalo, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
Bernadette M. Hoppe, Buffalo, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
David C. Schopp, Attorney for the Child, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Christopher B., Jr.
PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.
MEMORANDUM:
Respondent father appeals from an order terminating his parental rights with respect to his son on the ground of mental illness. Contrary to the father's contention, we conclude that petitioner met its burden of demonstrating by clear and convincing evidence that the father is “presently and for the foreseeable future unable, by reason of mental illness ..., to provide proper and adequate care for [the] child” (Social Services Law § 384–b[4][c]; see§ 384–b[6][a]; Matter of Vincent E.D.G. [Rozzie M.G.], 81 A.D.3d 1285, 1285, 916 N.Y.S.2d 421,lv. denied17 N.Y.3d 703, 2011 WL 2314383;see also Matter of Darius B. [Theresa B.], 90 A.D.3d 1510, 1510, 935 N.Y.S.2d 754). The unequivocal testimony of petitioner's expert witness, a psychologist, and other witnesses established that the father was so disturbed in his behavior, feeling, thinking and judgment that, if his son were returned to his custody, his son would be in danger of becoming a neglected child ( see§ 384–b[6][a] ). Moreover, although the father has participated in several treatment programs, he has been unable to overcome his significant limitations.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.