IN RE: S.B.N. and Another (2026)

Orders of fact-finding and disposition, Family Court, Bronx County (Ashley B. Black, J.), entered on or about September 2, 2025, which, to the extent appealed from as limited by the briefs, after a fact-finding hearing, determined that respondent mother suffers from mental illness as defined in Social Services Law § 384–b, terminated her parental rights to the subject children, and transferred custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.  Appeal from fact-finding order, entered on or about April 1, 2025, unanimously dismissed, without costs, as subsumed in the appeal from the aforementioned orders.

Petitioner established by clear and convincing evidence that, due to the mother's mental illness, the mother is presently and for the foreseeable future unable to provide proper and adequate care for the subject children (see Social Services Law § 384–b[4][c];  Matter of Genesis S. [Irene Elizabeth S.], 70 A.D.3d 570, 570, 895 N.Y.S.2d 85 [1st Dept. 2010] ).  Petitioner provided uncontroverted expert testimony.  The expert reviewed the mother's medical records, the agency's case records, and conducted two forensic interviews with the mother.  The expert opined that the mother suffers from schizoaffective disorder, bipolar type, which manifests in delusions and aggressive behavior.  The evidence further established that the mother was hospitalized numerous times for mental illness, lacked insight into her mental illness, and had a history of noncompliance with her medication regimen.

Accordingly, the court properly credited the expert's opinion that mental illness prevented the mother from providing care to the subject children presently and in the foreseeable future (see Matter of Ashanti A., 56 A.D.3d 373, 373, 869 N.Y.S.2d 20 [1st Dept. 2008];  see also Matter of Elizabeth H. [Ylein S.], 165 A.D.3d 402, 402, 85 N.Y.S.3d 40 [1st Dept. 2018];  Matter of Michele Amanda N. [Elizabeth N.], 93 A.D.3d 610, 611, 941 N.Y.S.2d 558 [1st Dept. 2012] ).

The expert was not required to observe the mother's interactions with the children to provide a competent foundation for her professional opinion, given the mother's documented long history of mental illness, and the lack of in person visitation with the children for two years (see Matter of Brianna K.R. [Bernard R.], 199 A.D.3d 500, 501, 154 N.Y.S.3d 422 [1st Dept. 2021], lv denied 38 N.Y.3d 901, 2022 WL 806741 [2022] ).  Additionally, the expert's opinion was not undermined by the fact that the expert did not have the mother's most recent medical records and did not conduct collateral interviews (see Matter of Edward E.M. [Edward M.], 222 A.D.3d 527, 528, 202 N.Y.S.3d 296 [1st Dept. 2023] ).

We have considered the mother's remaining contentions and find them unavailing.