Opinion
15754 Dkt. No. B-23584/18 Case No. 2021-02163
04-21-2022
In the MATTER OF WILLIAM M.E., a Child Under Eighteen Years of Age, etc., Shaunette W., Respondent-Appellant, v. Sheltering Arms Children and Family Services, Petitioner-Respondent.
Andrew J. Baer, New York, for appellant. Dawn M. Shammas, Bronx, for respondent. Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child.
Andrew J. Baer, New York, for appellant.
Dawn M. Shammas, Bronx, for respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child.
Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.
Order, Family Court, Bronx County (Ashley B. Black, J.), entered on or about May 28, 2021, which, upon a fact-finding determination that respondent mother is unable to care for the subject child due to mental illness, terminated her parental rights and transferred guardianship of the child to petitioner agency for the purpose of adoption, unanimously affirmed, without costs.
Petitioner provided uncontroverted, clear and convincing medical evidence that the mother is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the child (see Social Services Law § 384–b [4][c] ; Matter of Joyce T., 65 N.Y.2d 39, 489 N.Y.S.2d 705, 478 N.E.2d 1306 [1985] ; Matter of Rosie Shameka S.R. [Tulip S.R.], 102 A.D.3d 480, 481, 958 N.Y.S.2d 127 [1st Dept. 2013] ). Petitioner submitted unrebutted expert testimony that the mother suffers from borderline personality disorder, major depressive disorder, and other specified trauma, and that the symptoms manifested by those mental illnesses caused impairment of parental functioning to the extent that the child would be at risk if returned to the mother's care (see Matter of Mar De Luz R. [Luz R.], 95 A.D.3d 423, 942 N.Y.S.2d 866 [1st Dept. 2012] ). In addition, petitioner submitted a report from the testifying psychologist who had interviewed the mother, conducted psychological testing, reviewed her mental health records, and observed her interaction with the child, and concluded that she suffers from mental illnesses and poses an ongoing risk to the subject child (see Matter of Robert K., 56 A.D.3d 353, 353, 869 N.Y.S.2d 14 [1st Dept. 2008], lv denied 12 N.Y.3d 704, 876 N.Y.S.2d 705, 904 N.E.2d 842 [2009] ). The mother testified on her own behalf, but offered "no countervailing psychiatric, psychological or medical evidence" ( Matter of Joyce T., 65 N.Y.2d at 46, 489 N.Y.S.2d 705, 478 N.E.2d 1306 ).
We have considered the mother's remaining arguments and find them unavailing.