Opinion
02-04-2016
In re LAKIYAH M., A Child Under the Age of Eighteen Years, etc., Shacora M., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Polixene Petrakopoulos of counsel), attorney for the child.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Polixene Petrakopoulos of counsel), attorney for the child.
Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about January 7, 2015, which, to the extent appealed from as limited by the briefs, brings up for review an order of fact-finding, same court and Judge, entered on or about September 4, 2014, which determined, after a hearing, that respondent mother had neglected her child, unanimously affirmed, without costs.
A preponderance of the evidence established that there was a substantial probability that respondent's untreated psychiatric condition and substance abuse problems would place the child at imminent risk if she were released to respondent's care (see Matter of Liarah H. [Dora S.], 111 A.D.3d 514, 515, 975 N.Y.S.2d 389 [1st Dept.2013] ; Family Ct. Act § 1012[f] ). While evidence of a parent's mental illness, standing alone, is not a basis for a finding of neglect, the finding of neglect was appropriate here since respondent displayed a lack of insight into the effect of her illness on her ability to care for the child (see Matter of Jalacia G. [Jacqueline G.], 130 A.D.3d 402, 403, 13 N.Y.S.3d 49 [1st Dept.2015] ).
SAXE, J.P., MOSKOWITZ, RICHTER, FEINMAN, JJ., concur.