Opinion
2012-05-1
In re MAR DE LUZ R., and Another, Dependent Children Under the Age of Eighteen Years, etc.,Luz R., Respondent–Appellant,Mercyfirst, et al., Petitioners–Respondents.
Tennille M. Tatum–Evans, New York, for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondents.
Tennille M. Tatum–Evans, New York, for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondents.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about February 22, 2011, which, upon a finding of mental illness, terminated respondent mother's parental rights and committed the custody and guardianship of the subject children to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
The court's determination that respondent's untreated mental illness renders her unable, at present and for the foreseeable future, to provide proper and adequate care for the subject children, one of whom has special needs, was supported by clear and convincing evidence (Social Services Law § 384–b[3] [g][i] ). The court properly permitted the court-appointed psychologist to testify as to respondent's mental illness, pursuant to the statute ( see Social Services Law § 384–b[4][c], [6][c]; see e.g. Matter of Isaiah J. [Janice J.], 82 A.D.3d 651, 919 N.Y.S.2d 329 [2011]; Matter of Robert K., 56 A.D.3d 353, 869 N.Y.S.2d 14 [2008], lv. denied 12 N.Y.3d 704, 876 N.Y.S.2d 705, 904 N.E.2d 842 [2009]; Matter of Nadaniel Jackie P., 35 A.D.3d 305, 827 N.Y.S.2d 48 [2006] ). Moreover, respondent's testimony demonstrated that she was unable to acknowledge the existence of her mental illness and that she did not believe her prescribed medication was needed to manage her condition.