Opinion
2011-11-15
In re SHAE TYLASIA I.M., A Dependent Child Under Eighteen Years of Age, etc.,Lisa Anne G., etc., Respondent–Appellant,The New York Foundling Hospital, Petitioner–Respondent.
Douglas H. Reiniger, New York, for appellant. Law Office of Quinlan and Fields, Hawthorne (Daniel Gartenstein of counsel), for respondent.
Douglas H. Reiniger, New York, for appellant. Law Office of Quinlan and Fields, Hawthorne (Daniel Gartenstein of counsel), for respondent. Law Offices of Randall S. Carmel P.C., Syosset (Randall S. Carmel of counsel), attorney for the child.MAZZARELLI, J.P., CATTERSON, MOSKOWITZ, RENWICK, ABDUS–SALAAM, JJ.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about April 9, 2008, which, upon a finding of mental retardation, terminated the respondent mother's parental rights to the subject child, and committed custody and guardianship to petitioner agency and the Administration for Children's Services, unanimously affirmed, without costs.
The court-appointed psychiatrist provided clear and convincing evidence that the child was in danger of being neglected due to the mother's mental retardation (Social Services Law § 384–b[6][b][c]; Matter of Erica D. [Maria D.], 80 A.D.3d 423, 424, 915 N.Y.S.2d 46 [2011], lv. denied 16 N.Y.3d 708, 921 N.Y.S.2d 188, 946 N.E.2d 176 [2011] ). Although the mother completed numerous programs to enhance her parenting and other skills, the psychiatrist noted that there was no improvement in her ability to understand the child's special needs and properly care for the child.
Under these circumstances, the court did not improvidently decline to conduct a dispositional hearing, which the mother concedes was not required ( see Matter of Isaiah J. [Janice J.], 82 A.D.3d 651, 652, 919 N.Y.S.2d 329 [2011] ). There was no evidence that post-termination visitation, if permitted, would be in the best interests of the child ( see Matter of Corinthian Marie S., 297 A.D.2d 382, 746 N.Y.S.2d 606 [2002] ).