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In Matter of Isaiah M. (Antoya M.) (96 AD3d 516 [1st Dept 2012]), cited by the majority, the mother, who was involuntarily hospitalized for a month, testified that she had auditory hallucinations telling her to harm her child (id. at 517).
Summary of this case from Melissa O. v. Admin. for Children's Servs. (In re Ruth Joanna O. O.)Opinion
2012-06-12
In re ISAIAH M., A Child Under the Age of Eighteen Years, etc., Antoya M., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
The Bronx Defenders, Bronx (Mary Anne Mendenhall of counsel), and Proskauer Rose LLP, New York (David Munkittrick of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondent.
The Bronx Defenders, Bronx (Mary Anne Mendenhall of counsel), and Proskauer Rose LLP, New York (David Munkittrick of counsel), for appellant.Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the child.
Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about October 27, 2009, which, upon a fact-finding determination of neglect, placed the subject child with petitioner until completion of the next permanency hearing, unanimously affirmed insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, without costs. Appeal from fact-finding order, same court and Judge, entered on or about August 24, 2009, unanimously dismissed, without costs, as superseded by the appeal from the order of disposition.
Contrary to appellant's contention, “[a] single incident ‘where the parent's judgment was strongly impaired and the child exposed to a risk of substantial harm’ can sustain a finding of neglect” (Matter of Kayla W., 47 A.D.3d 571, 572, 850 N.Y.S.2d 86 [2008], quoting Matter of Pedro C. [Josephine B.], 1 A.D.3d 267, 268, 767 N.Y.S.2d 578 [2003];see Matter of Zariyasta S., 158 A.D.2d 45, 557 N.Y.S.2d 895 [1990] ). Appellant testified that she was in a park with her son when she began to experience auditory hallucinations that were telling her that a demon wanted her to harm her son. After appellant stopped a passerby for help, she was taken to a hospital where she signed a temporary release allowing the Administration for Children's Services to take the child into its custody. Appellant, whose medical records show she has experienced delusions of demons since her childhood, was thereafter involuntarily committed for a month, during which time she continued to be extremely delusional and psychotic with bizarre behavior, and lacked insight into her mental illness.
The court's finding of neglect was supported by a preponderance of evidence that appellant's judgment was strongly impaired and that her lack of judgment exposed the child to a substantial risk of harm to his physical, mental, and emotional health ( see Matter of Noah Jeremiah J. [Kimberly J.], 81 A.D.3d 37, 50, 914 N.Y.S.2d 105 [2010];Matter of Zariyasta S., 158 A.D.2d at 48, 557 N.Y.S.2d 895;Matter of Jesse DD., 223 A.D.2d 929, 930–931, 636 N.Y.S.2d 925 [1996],lv. denied88 N.Y.2d 803, 645 N.Y.S.2d 445, 668 N.E.2d 416 [1996];see also Family Court Act § 1046[b][i] ).