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Matter of Joseph

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 12, 1993
191 A.D.2d 1034 (N.Y. App. Div. 1993)

Opinion

March 12, 1993

Appeal from the Onondaga County Family Court, Hedges, J.

Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: We agree with Family Court that petitioner met his burden of proving by clear and convincing evidence that respondent, by reason of mental illness, is presently and for the foreseeable future unable to provide proper and adequate care for her children (see, Social Services Law § 384-b [c]; Matter of Norma Jean H., 179 A.D.2d 759, lv denied 79 N.Y.2d 758; Matter of Denise Emily K., 154 A.D.2d 596, lv denied 75 N.Y.2d 707). The court-appointed psychiatrist testified that respondent, who was previously hospitalized for psychotic behavior, suffers from a serious mental illness, schizophrenia, which cannot be overcome, and which greatly impairs her judgment to the extent that her children would be in danger if they were returned to her. The psychiatrist opined without limitation that respondent is unable to provide proper and adequate care for her children presently and would be unable to do so in the foreseeable future. Respondent's psychologist agreed that respondent suffers from a mental illness and is presently unable to parent her children, but testified that she may be able, in the foreseeable future, to provide proper and adequate care for them with additional support services, parenting education programs, and therapy. He also conceded, however, that, even if that assistance were provided, respondent may not be able to provide the requisite level of care for her children.

Because the petition was granted on the grounds of mental illness, no separate dispositional hearing was required (see, Matter of Denise Emily K., supra, at 598).


Summaries of

Matter of Joseph

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 12, 1993
191 A.D.2d 1034 (N.Y. App. Div. 1993)
Case details for

Matter of Joseph

Case Details

Full title:In the Matter of JOSEPH R. and Another, Infants

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

Date published: Mar 12, 1993

Citations

191 A.D.2d 1034 (N.Y. App. Div. 1993)
595 N.Y.S.2d 153

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