Citation Numbers: 191 A.D.2d 1034, 595 N.Y.S.2d 153
Filed Date: 3/12/1993
Status: Precedential
Modified Date: 10/31/2024
—Order unanimously affirmed without costs. Memorandum: We agree with Family Court that petitioner met his burden of proving 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 Norma Jean H., 179 AD2d 759, lv denied 79 NY2d 758; Matter of Denise Emily K., 154 AD2d 596, lv denied 75 NY2d 707). The court-appointed psychiatrist testified that respondent, who was previously hospitalized for psychotic behavior, suffers from a serious mental illness, schizophrenia, which cannot be overcome, and which greatly impairs her judgment to the extent that her children would be in danger if they were returned to her. The psychiatrist opined without
Because the petition was granted on the grounds of mental illness, no separate dispositional hearing was required (see, Matter of Denise Emily K., supra, at 598). (Appeal from Order of Onondaga County Family Court, Hedges, J. — Terminate Parental Rights.) Present — Green, J. P., Pine, Lawton, Fallon and Davis, JJ.