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In re Angel

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 764 (N.Y. App. Div. 1987)

Opinion

February 17, 1987

Appeal from the Family Court, Kings County (Greenbaum, J.).


Ordered that the order if affirmed, without costs or disbursements.

The record reveals that the petitioner Angel Guardian Home has met its burden of proving, by clear and convincing evidence (see, Matter of Sheila G., 61 N.Y.2d 368; Matter of Jamie Y., 92 A.D.2d 696), that the mother permanently neglected the child by failing to substantially plan for the future of the child notwithstanding its diligent efforts to strengthen the parental relationship (see, Social Services Law § 384-b [a]). Indeed, the mother repeatedly rejected the Angel Guardian Home's financial and social counseling as well as offers of professional psychological assistance. As such, the lack of progress on the mother's part in planning for the child's future is directly attributable to her failure to avail herself of the many services offered to her (see, Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Orlando F., 40 N.Y.2d 103; Matter of Lisa L., 117 A.D.2d 931). Hence, the Family Court did not err in concluding that the mother was guilty of permanent neglect.

Moreover, in light of the expert psychiatric testimony establishing that the mother suffers from chronic residual schizophrenia and is "somewhat a paranoid volitional", that she refused to accept professional therapy to improve her condition, and that the child would be in imminent danger of becoming neglected if returned to her custody, there is clear and convincing evidence to support the Family Court's conclusion that her parental rights should be terminated on the additional ground of mental illness (see, Social Services Law § 384-b [c]; [6] [a]; Matter of Kevin R., 112 A.D.2d 462, lv denied 67 N.Y.2d 602; Matter of Susan F., 106 A.D.2d 282; Matter of Diana McC., 106 A.D.2d 577; Matter of Vera T., 80 A.D.2d 511, affd 55 N.Y.2d 1028). Brown, J.P., Weinstein, Rubin and Spatt, JJ., concur.


Summaries of

In re Angel

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 764 (N.Y. App. Div. 1987)
Case details for

In re Angel

Case Details

Full title:In the Matter of ANN MARIE D. ANGEL GUARDIAN HOME et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1987

Citations

127 A.D.2d 764 (N.Y. App. Div. 1987)

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