Opinion
7947
12-27-2018
IN RE NOEL R., A Dependent Child Under the Age of Eighteen Years, etc., LaQueenia S., Respondent–Appellant, v. SCO Family of Services, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel, Mineola), for respondent. Andrew J. Baer, New York, attorney for the child.
Geoffrey P. Berman, Larchmont, for appellant.
Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel, Mineola), for respondent.
Andrew J. Baer, New York, attorney for the child.
Friedman, J.P., Sweeny, Kapnick, Kahn, Singh, JJ.
Clear and convincing evidence supports the finding that the mother, by reason of intellectual disability, is unable, at present and for the foreseeable future, to provide proper and adequate care for the child (see Social Services Law § 384–b[4][c], [6][b] ; Matter of Erica D. [Maria D.], 80 A D 3d 423, 915 N.Y.S.2d 46 [1st Dept 2011], lv denied 16 N.Y.3d 708, 2011 WL 1160593 [2011] ). Although the mother possesses adequate adaptive skills in certain areas and there is a parental bond between the mother and the child, an expert psychologist opined that the mother's intellectual disability significantly impacted upon her ability to provide proper care for the child, who is on the autism spectrum and has special needs, and that therapy or services the mother had received and available interventions would not significantly impact upon or improve her parenting abilities (see Matter of Leomia Louise C. , 41 A.D.3d 249, 836 N.Y.S.2d 874 [1st Dept. 2007] ). The record further shows that the child has bonded with his foster mother, who is dedicated to his care and provides for his special needs (see Matter of Joyce T. , 65 N.Y.2d 39, 49–50, 489 N.Y.S.2d 705, 478 N.E.2d 1306 [1985] ).