Opinion
CAF 01-01162
October 1, 2002.
Appeal from an order of Family Court, Erie County (Szczur, J.), entered April 11, 2001, which terminated respondent's parental rights.
GWENNOR LLOYD CARR, BUFFALO, FOR RESPONDENT-APPELLANT.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR JASMINE F.
PRESENT: PINE, J.P., HAYES, HURLBUTT, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Respondent appeals from an order terminating her parental rights with respect to her daughter. The contention of respondent that Family Court erred in failing to order an independent psychiatric or psychological examination of her pursuant to Social Services Law § 384-b (6)(e) is not preserved for our review ( see Matter of Elizabeth Q., 126 A.D.2d 905, 906). In any event, that contention is lacking in merit. The psychiatrist who testified at the fact-finding hearing had evaluated respondent pursuant to court order and reviewed a psychological testing report. Respondent's contention that there is no indication that the psychologist was certified also is not preserved for our review ( see Matter of Joseph ZZ., 245 A.D.2d 881, 884, lv denied 91 N.Y.2d 810) and is similarly without merit. Because petitioner sought to terminate respondent's parental rights on the ground of mental retardation and the court granted the petition based on that ground, petitioner was not required to establish that it engaged in diligent efforts to reunite the child with respondent ( see Matter of Caroline, 218 A.D.2d 388, 391-392, lv dismissed 88 N.Y.2d 1016, citing Matter of Belinda S., 189 A.D.2d 679, lv denied 81 N.Y.2d 706), nor was petitioner required to establish that respondent failed to plan for the child's future ( see generally Matter of Michael E., 241 A.D.2d 635, 636; Matter of Kimberly J., 216 A.D.2d 940, lv denied 87 N.Y.2d 801. Finally, the court did not abuse its discretion in refusing to enter a suspended judgment ( see Matter of Matthew H., 274 A.D.2d 975, 975-976).