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IN THE MATTER OF JON C. (ANONYMOUS). NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, respondent; DOROTHY C. (ANONYMOUS), appellant. (PROCEEDING NO. 1) IN THE MATTER OF JAMES C. (ANONYMOUS). NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, respondent; DOROTHY C. (ANONYMOUS), appellant. (PROCEEDING NO. 2)

DECISION ORDER

ORDERED that the orders of disposition are affirmed, without costs or disbursements.

The petitioner established by clear and convincing evidence that the mother, who was diagnosed with paranoid schizophrenia, is unable, by reason of her mental illness, to properly and adequately care for the subject children at present or in the foreseeable future (see Social Services Law § 384-b[c]). The court-appointed psychiatrist testified, without contradiction, that even if the mother took her medication, there was a serious possibility that the stress of raising the children could cause her to become actively psychotic, which would place the welfare of the children in danger (see Matter of Christine K., 255 A.D.2d 513, 514; Matter of Denise Emily K., 154 A.D.2d 596).

The mother's contention that the petitioner was required to make diligent efforts to encourage and strengthen her relationship with the subject children is unpreserved for appellate review (see Matter of Jason Anthony S., 277 A.D.2d 389). In any event, her contention is without merit. Unlike cases involving termination of parental rights on the ground of permanent neglect, diligent efforts to reunite the family are not required where, as here, the ground for termination is mental illness (see Matter of Jason Anthony S., supra; Matter of Demetrius F., 176 A.D.2d 940, 941).

The mother's remaining contentions are unpreserved for appellate review (see Matter of Stegman v. Jackson, 233 A.D.2d 597, 598; see also Matter of Dedrick M., 89 A.D.2d 781, 782), and, in any event, are without merit (see Matter of Nereida S., 57 N.Y.2d 636, 640; see also Matter of La'Asia S., 191 Misc.2d 28; Matter of Chance Jahmel B., 187 Misc.2d 626).

ALTMAN, J.P., McGINITY, LUCIANO and H. MILLER, JJ., concur.

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IN THE MATTER OF JON C
(May 19, 2003)