Opinion
2012-01-5
In re BRIANA S., and Another, Children Under the Age of Eighteen Years, etc.,LaQueena S., Respondent–Appellant,The Administration for Children's Services, Petitioner–Respondent.
Randall S. Carmel, Syosset, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.
Randall S. Carmel, Syosset, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the children.SAXE, J.P., SWEENY, MOSKOWITZ, MANZANET–DANIELS, ROMÁN, JJ.
Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 4, 2010, which, after a fact-finding hearing, determined that respondent mother neglected the subject children, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence. The record demonstrates that the mother would be unable to care adequately for the infant children due to her documented history of mental retardation, mental illness, poor impulse control, impaired judgment, depression, medication noncompliance, and repeated psychiatric hospital admissions and treatment. Moreover, her problems have resulted in, among other things, her missing medical appointments for Daunte and his hospitalization for dehydration and weight loss. Under these circumstances, the court properly found that the children's “physical, mental or emotional condition ... [was] in imminent danger of becoming impaired” (Family Ct. Act § 1012[f][i]; see Matter of Kayla W., 47 A.D.3d 571, 850 N.Y.S.2d 86 [2008] ). Contrary to the mother's contention, expert testimony as to how her mental illness affected her ability to care for the children was not required ( see Matter of Jonathan S. [Ismelda S.], 79 A.D.3d 539, 912 N.Y.S.2d 215 [2010] ).