Opinion
1662-1662A
September 26, 2002.
Orders of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about November 15, 2000, terminating respondent's parental rights to the subject children upon a finding of mental retardation, and committing the children's custody and guardianship to petitioner agency and the Commissioner of Social Services for purposes of adoption, unanimously affirmed, without costs.
PATRICIA S. COLELLA, for MELODY XENA A.
GEOFFREY P. BERMAN, for respondent-appellant.
ANDREA PEYSER, for petitioner-respondent.
Before: Nardelli, J.P., Saxe, Ellerin, Rubin, Friedman, JJ.
There was clear and convincing evidence that respondent is, by reason of her mental retardation, unable presently and for the foreseeable future to provide proper and adequate care for the subject children (see Social Services Law § 384-b [c]). Respondent does not dispute that she is presently incapacitated, but contends that her capacity to care for her children in the foreseeable future may not be predicated on her present incapacity alone. However, Family Court's finding of future incapacity was not based solely on respondent's present incapacity; rather, it was based on "a combination of factors, including an extensive prior history of incapacity; the severity of [her] present incapacity; and the failure of remedial efforts to make any difference in [her] adaptive functioning" (Matter of L. Children, 131 Misc.2d 81, 92). As in Matter of Jose Antonio G. ( 248 A.D.2d 278), there was "ample evidence" that respondent "could not perform elementary tasks required for independent living." Despite respondent's contention, the record also contains ample evidence of her maladaptive parenting before the subject children were removed from her care. Finally, we note that, although petitioner provided respondent with referrals to numerous remedial services, there was no indication of any consequent improvement in her adaptive functioning.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.