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: JULIUS H. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Beatrice P. (Anonymous), respondent-appellant, et al., respondent.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of mental illness, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Orange County (Currier Woods, J.), dated June 26, 2013, as, after a fact-finding hearing, found 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, terminated her parental rights, and transferred guardianship and custody of the subject child to the Orange County Department of Social Services for purposes of adoption.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The Family Court properly found that there was clear and convincing evidence that the mother 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] ). A forensic psychiatrist, who interviewed the mother and reviewed records, including medical records, testified that the mother had a long history of psychiatric problems and had paranoid personality disorder and borderline personality disorder. That forensic psychiatrist made statements, at the hearing and in his reports, tending to show that, if the child were returned to the mother, the child would be at risk of being neglected due to the nature of the mother's illness (see Matter of Christina L.N. [Louica J.], 113 AD3d 777, 777–778; Matter of Alexander James R., 48 AD3d 820, 820–821; Matter of Nina D., 6 AD3d 702, 703; Matter of Laura D., 270 A.D.2d 260, 261). Such evidence is sufficient to support the Family Court's determination that the mother 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] ).
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 17, 2014
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)