Opinion
10643
12-26-2019
IN RE YAMAILIZ G., a Child Under Eighteen Years of Age, etc., Yamara R., Respondent–Appellant, v. The Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Georgia M. Pestana, Acting Corporation Counsel, New York (Antonella Karlin of counsel), for respondents. Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Steven N. Feinman, White Plains, for appellant.
Georgia M. Pestana, Acting Corporation Counsel, New York (Antonella Karlin of counsel), for respondents.
Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Renwick, J.P., Manzanet–Daniels, Oing, Singh, Gonza´lez, JJ.
Order of fact-finding and disposition, Family Court, Bronx County (David J. Kaplan, J.), entered on or about September 24, 2018, which found that respondent mother neglected the subject child due to her mental illness, unanimously affirmed, without costs.
Petitioner agency demonstrated by a preponderance of the evidence that the mother suffers from a mental illness, that she often lacks insight into her illness and need for treatment, that her mental condition interferes with her judgment and parenting abilities, and that the child was aware of the mother's impaired mental condition, thereby placing the child at imminent risk of physical, mental or emotional impairment (see Matter of Jacob L. [Chasitiy P.], 121 A.D.3d 502, 994 N.Y.S.2d 122 [1st Dept. 2014] ; Matter of Immanuel C.-S [Debra C.], 104 A.D.3d 615, 962 N.Y.S.2d 122 [1st Dept. 2013] ; Family Ct Act § 1012[f][i] ). The record shows that the mother exhibited delusional behavior, underwent multiple hospitalizations for mental illness and was noncompliant with prescribed medication and therapy (see Matter of Ruth Joanna O.O. [Melissa O.], 149 A.D.3d 32, 41, 49 N.Y.S.3d 374 [1st Dept. 2017], affd 30 N.Y.3d 985, 65 N.Y.S.3d 122, 87 N.E.3d 154 [2017] Matter of Naomi S. [Hadar S.], 87 A.D.3d 936, 937, 933 N.Y.S.2d 1 [1st Dept. 2011], lv denied 18 N.Y.3d 804, 2012 WL 118018 [2012] ).
Evidence of actual injury to the child was not required to enter a finding of neglect, since there is sufficient evidence that the child was at imminent risk of harm due to the mother's untreated mental illness (see Ruth Joanna O.O. at 41, 49 N.Y.S.3d 374 ; Immanuel C.-S., 104 A.D.3d at 615, 962 N.Y.S.2d 122 ). In any event, there is evidence that the mother's illness interferes with her ability to care for the child, who was aware of the mother's unfounded fears that people were out to harm her and the child.