Erie County Department of Social Services, Respondent. v. << (1997)

Petitioner met its burden of demonstrating 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 [4][c];  Matter of Hime Y., 52 N.Y.2d 242, 247, 437 N.Y.S.2d 286, 418 N.E.2d 1305).   The court-appointed psychiatrist diagnosed respondent as suffering from multiple personality disorder and borderline personality disorder.   He concluded that those conditions rendered her incapable of caring for her children to the extent that, if the children were returned to her, they would be in danger of becoming neglected (see, Social Services Law § 384–b [6][a];  Matter of Sunja S., 175 A.D.2d 132, 571 N.Y.S.2d 826, lv. denied 78 N.Y.2d 861, 576 N.Y.S.2d 219, 582 N.E.2d 602, rearg. dismissed 80 N.Y.2d 893, 587 N.Y.S.2d 910, 600 N.E.2d 637).   The psychiatrist also testified unequivocally that respondent was not likely to improve significantly and that her inability to care for the children would continue into the foreseeable future (see, Matter of Pauline Y., 193 A.D.2d 686, 598 N.Y.S.2d 32;  Matter of Omar B. [Diane S.], 175 A.D.2d 834, 573 N.Y.S.2d 301;  cf., Matter of Jennifer HH. [Warren HH.], 193 A.D.2d 850, 597 N.Y.S.2d 515).   Family Court therefore properly granted the petition and terminated respondent's parental rights pursuant to Social Services Law § 384–b.

Order unanimously affirmed without costs.

MEMORANDUM: