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Matter of Donald

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 477 (N.Y. App. Div. 1989)

Opinion

June 5, 1989

Appeal from the Family Court, Orange County (Slobod, J.).


Ordered that the order is affirmed, without costs or disbursements.

The respondent Orange County Department of Social Services, an authorized agency, commenced the instant proceeding to terminate the parental rights of the mother of Donald B., who has been in foster care since he was approximately six weeks old. He is now approximately 9 1/2 years old. His father's parental rights have previously been terminated on the ground of abandonment (see, Social Services Law § 384-b [b]). After a hearing the Family Court found that the natural mother is by reason of mental illness, presently and for the foreseeable future, unable to provide proper and adequate care for her son.

Contrary to the mother's contentions, we find that there was clear and convincing evidence (see, Matter of Joyce T., 65 N.Y.2d 39, 46) to support the conclusion that she is, by reason of mental illness, presently and for the foreseeable future unable to provide proper and adequate care for her son (see, Social Services Law § 384-b [c]; Matter of Kathleen B., 144 A.D.2d 357; Matter of Sean S.S., 143 A.D.2d 836; Matter of Camille M., 143 A.D.2d 755; Matter of Andre Jermaine R., 138 A.D.2d 380). The uncontroverted testimony of the court-appointed psychiatrist detailed the appellant's schizophrenic condition. This doctor and two social workers agreed that the mother's judgment in child-rearing matters was such that she could not properly provide for her son's needs. Moreover, the psychiatrist was of the opinion that were the appellant to regain custody of her son, he would "be in imminent danger of becoming impaired". Thompson, J.P., Brown, Lawrence and Rubin, JJ., concur.


Summaries of

Matter of Donald

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 477 (N.Y. App. Div. 1989)
Case details for

Matter of Donald

Case Details

Full title:In the Matter of DONALD B. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Jun 5, 1989

Citations

151 A.D.2d 477 (N.Y. App. Div. 1989)
542 N.Y.S.2d 267

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