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IN RE: DEDERIA S.C. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, respondent; Erica Latasha J. (Anonymous), appellant.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of mental illness, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Elkins, J.), dated December 17, 2004, which, after a fact-finding hearing, determined that she is unable to provide proper and adequate care for the subject child by reason of her mental illness, terminated her parental rights, and transferred guardianship and custody of the child to the Commissioner of the Administration for Children's Services of the City of New York for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs and disbursements.
Contrary to the mother's contention, the Family Court properly found that there was clear and convincing evidence that she is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the subject child (see Social Services Law § 384-b[4] [c]; Matter of Karyn Katrina D., 19 A.D.3d 592, 592-593, 797 N.Y.S.2d 536; Matter of Erica D., 294 A.D.2d 435, 436, 742 N.Y.S.2d 112; Matter of Harlem Dowling-Westside Ctr. for Children & Family Servs. v. Marion L.C., 264 A.D.2d 845, 695 N.Y.S.2d 590). After interviewing the mother and reviewing her medical records, a psychologist determined that the mother suffers from Schizoaffective Disorder, Depressive Type. The psychologist concluded that due to the chronic nature of the illness and the severity of the symptoms that have manifested, if the child was returned to the mother, the child would be at risk of being neglected in the present and in the foreseeable future (see Matter of Ernesto Thomas A., 5 A.D.3d 380, 380-381, 772 N.Y.S.2d 708; Matter of Winston Lloyd D., 7 A.D.3d 706, 707, 777 N.Y.S.2d 175; Matter of Erica D., supra; Matter of Pariis L., 286 A.D.2d 501, 501-502, 729 N.Y.S.2d 631; Matter of Denise Emily K., 154 A.D.2d 596, 597-598, 546 N.Y.S.2d 424). This evidence supported the findings of the Family Court.
The mother's remaining contention is without merit.
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Decided: February 14, 2006
Court: Supreme Court, Appellate Division, Second Department, New York.
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