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Matter of Belinda

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1993
189 A.D.2d 679 (N.Y. App. Div. 1993)

Opinion

January 19, 1993

Appeal from the Family Court, New York County (Leah Marks, J.).


Petitioner's proof that respondent suffers from severe and long-term mental illness prominently characterized by acute chronic psychotic and self-destructive behavior, including numerous suicide attempts and extensive hospitalization, together with the reports of the court-appointed psychiatrist, constitute clear and convincing evidence that respondent is presently and for the foreseeable future unable to provide proper and adequate care for her child due to mental illness, and warrant termination of her parental rights pursuant to Social Services Law § 384-b (4) (c).

Since respondent's parental rights were terminated on grounds of mental illness, as opposed to permanent neglect, there was no requirement that petitioner show that it made diligent efforts to reunite the child with respondent as respondent now urges (see, Social Services Law § 384-b [d]; [7]).

The court's disposition committing guardianship and custody of the child to the petitioner was soundly based on the best interests of the child (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).

Concur — Sullivan, J.P., Wallach, Kupferman and Kassal, JJ.


Summaries of

Matter of Belinda

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1993
189 A.D.2d 679 (N.Y. App. Div. 1993)
Case details for

Matter of Belinda

Case Details

Full title:In the Matter of BELINDA S., an Infant. LITTLE FLOWER CHILDREN'S SERVICES…

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

Date published: Jan 19, 1993

Citations

189 A.D.2d 679 (N.Y. App. Div. 1993)
592 N.Y.S.2d 372

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