Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: HARLEM DOWLING—WESTSIDE CENTER FOR CHILDREN AND FAMILY SERVICES on Behalf of EBONY SHAQUIERA C. (Anonymous), et al., respondent, v. MARION L.C. (Anonymous), appellant.
In two related proceedings pursuant to Social Services Law § 384–b to terminate the mother's parental rights by reason of her mental illness, the mother appeals from two orders of disposition of the Family Court, Kings County (Greenbaum, J.), both dated September 12, 1996 (one as to each child), which, after a fact-finding hearing, terminated her parental rights and transferred guardianship and custody of the children to the Commissioner of Social Services and the petitioning agency, Harlem Dowling–Westside Center For Children and Family Services.
ORDERED that the orders of disposition are affirmed, without costs or disbursements.
The petitioning agency established by clear and convincing evidence that the mother is unable to properly and adequately care for her children, now or in the foreseeable future, by reason of mental illness (see, Social Services Law § 384–b[4][c]; Matter of Hime Y., 52 N.Y.2d 242, 437 N.Y.S.2d 286, 418 N.E.2d 1305). A psychiatrist from the Family Court Mental Health Services testified that based on his examination of the mother and his review of her extensive psychiatric history, he diagnosed the mother as suffering from personality disorder, with dependent, passive-aggressive, and paranoid features. The psychiatrist also testified that the mother had bipolar disorder, which was in partial remission. The mother's disorder is longstanding, and she has a history of neglect and inability to act in accordance with her children's needs due to her personality disorder. This evidence is convincing proof of the mother's inability to care for her children, now and in the foreseeable future (see, Matter of Virginia Denise R. [Geraldine R.], 249 A.D.2d 400, 671 N.Y.S.2d 133; Matter of Michelle H., 228 A.D.2d 440, 643 N.Y.S.2d 646; Matter of Denise Emily K., 154 A.D.2d 596, 546 N.Y.S.2d 424).
MEMORANDUM BY THE COURT.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: September 27, 1999
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)