IN RE CUSTODY GUARDIANSHIP OF DAVID T

The uncontroverted testimony of the court-appointed psychologist provided clear and convincing evidence that respondent mother suffered from mental illness and that she is presently and for the foreseeable future unable, by reason of such illness, to care adequately for the subject child. Given the record made at the fact-finding hearing, which establishes respondent's present and future inability to adequately care for the child, a dispositional hearing was not necessary to determine whether termination of respondent's parental rights was in the child's best interests (Matter of Joyce T., 65 N.Y.2d 39), nor, under the circumstances, was the finding of termination contingent upon the child having been placed in an adoptive home (Matter of Tyesha W., 259 A.D.2d 349;Matter of Roselyn Mercedes F., 238 A.D.2d 222).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.