Opinion
227 CAF 22-00278
05-05-2023
In the MATTER OF JAHKAI S. and Jazmine S. Onondaga County Department of Children and Family Services, Petitioner-Respondent; v. Shirley S., Respondent-Appellant.
LAW OFFICE OF VERONICA REED, SCHENECTADY (VERONICA REED OF COUNSEL), FOR RESPONDENT-APPELLANT. ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (ERIN WELCH FAIR OF COUNSEL), FOR PETITIONER-RESPONDENT. CATHERINE M. SULLIVAN, OSWEGO, ATTORNEY FOR THE CHILDREN.
LAW OFFICE OF VERONICA REED, SCHENECTADY (VERONICA REED OF COUNSEL), FOR RESPONDENT-APPELLANT.
ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (ERIN WELCH FAIR OF COUNSEL), FOR PETITIONER-RESPONDENT.
CATHERINE M. SULLIVAN, OSWEGO, ATTORNEY FOR THE CHILDREN.
PRESENT: SMITH, J.P., LINDLEY, CURRAN, OGDEN, AND GREENWOOD, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent mother appeals from an order that, inter alia, adjudged that she neglected the children who are the subject of this proceeding. We affirm. Petitioner established by a preponderance of the evidence that the mental or emotional condition of each child was in imminent danger of becoming impaired as a result of the mother's failure to exercise a minimum degree of care (see Family Ct Act §§ 1012 [f] [i] ; 1046 [b] [i]). The evidence at the hearing established that the mother called for an ambulance to transport her to a hospital's Comprehensive Psychiatric Emergency Program because she did not feel safe at home; upon admission she was found to be psychotic and unable to care for herself. The mother admitted to regular PCP use, including its use earlier that week, and admitted that she had not taken her psychiatric medication in a month. Moreover, the mother was unable to plan for the children's care on her own. We conclude that petitioner established imminent danger—i.e., "near or impending" injury or impairment—to the children as a result of the combination of the mother's mental illness, her failure to take her prescribed medication, and her use of illicit drugs ( Matter of Zackery S. [Stephanie S.] , 170 A.D.3d 1594, 1595, 96 N.Y.S.3d 438 [4th Dept. 2019] [internal quotation marks omitted]; see Matter of Trinity B.-S. [William R.N.] , 198 A.D.3d 1331, 1332, 152 N.Y.S.3d 372 [4th Dept. 2021], lv denied 37 N.Y.3d 919, 2022 WL 402273 [2022] ; Matter of Faith K. [Cindy R.] , 194 A.D.3d 1402, 1403, 147 N.Y.S.3d 839 [4th Dept. 2021] ; Matter of Lyndon S. [Hillary S.] , 163 A.D.3d 1432, 1433, 80 N.Y.S.3d 821 [4th Dept. 2018] ; see generally Nicholson v. Scoppetta , 3 N.Y.3d 357, 369, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004] ). Contrary to the mother's contention, the evidence was sufficient to establish a causal connection between the mother's failure to treat her mental illness and the potential harm to the children (see Lyndon S. , 163 A.D.3d at 1433-1434, 80 N.Y.S.3d 821 ; see generally Matter of Afton C. [James C.] , 17 N.Y.3d 1, 9, 926 N.Y.S.2d 365, 950 N.E.2d 101 [2011] ).
We have considered the mother's remaining contentions and conclude that they are without merit.