Opinion
2014-06-20
In the Matter of ZACHARY R. Erie County Department of Social Services, Petitioner–Respondent; Duane R., Respondent–Appellant.
Evelyne A. O'Sullivan, East Amherst, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
Evelyne A. O'Sullivan, East Amherst, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
David C. Schopp, Attorney for the Child, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel).
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, VALENTINO AND DeJOSEPH, JJ.
MEMORANDUM:
Respondent father appeals from an order terminating his parental rights with respect to his son on the ground of mental illness. We conclude that petitioner met its burden of demonstrating by clear and convincing evidence that the father is “presently and for the foreseeable future unable, by reason of mental illness ..., to provide proper and adequate care for [the] child” (Social Services Law § 384–b [4][c]; see Matter of Christopher B., Jr. [Christopher B., Sr.], 104 A.D.3d 1188, 1188, 960 N.Y.S.2d 787;Matter of Alberto C. [Tibet H.], 96 A.D.3d 1487, 1488, 946 N.Y.S.2d 517,lv. denied19 N.Y.3d 813, 2012 WL 4936378). Contrary to the father's contention, petitioner presented clear and convincing evidence establishing that he is presently suffering from a mental illness that “is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that if such child were placed in ... the custody of the [father], the child would be in danger of becoming a neglected child” (§ 384–b [6][a]; see Matter of Destiny V. [Lynette V.], 106 A.D.3d 1495, 1495, 966 N.Y.S.2d 306).
The father's contention that petitioner undermined his relationship with the child by limiting his visitation time and thus failed to establish that it made diligent efforts to strengthen and encourage his relationship with his child is of no moment. “[U]nlike [a] case where parental rights are terminated due to permanent neglect ..., no such showing is required when the ground for termination is mental illness” (Matter of Demetrius F., 176 A.D.2d 940, 941, 575 N.Y.S.2d 552;see Matter of Michael D., 306 A.D.2d 938, 938, 761 N.Y.S.2d 914;see generally Matter of Michael F., 16 A.D.3d 1116, 1116, 791 N.Y.S.2d 763).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.