AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of PAULINE Y. and Another. Marjorie Y., Appellant; ANGEL GUARDIAN HOME, Respondent.

Ordered that the orders are affirmed, without costs or disbursements.

Pauline Y. and her brother Corey Y. were placed with the Commissioner of Social Services in January 1985 when Pauline was almost two years old and only a few days after her brother Corey was born. In May 1988 the petitioner commenced the instant proceedings to terminate the parental rights of the mother on the ground that she was presently and, for the foreseeable future, would be unable to care for her two children due to mental illness. After a fact-finding hearing, the Family Court granted the petitions.

We agree with the Family Court that there was clear and convincing evidence to justify granting the petitions (see, Social Services Law § 384-b [c]; Matter of Omar B., 175 A.D.2d 834; Matter of Camille M., 143 A.D.2d 755). After examining the mother and reviewing numerous documents and reports related to the instant matter, the court-appointed psychiatrist gave uncontradicted testimony that the mother suffered from residual schizophrenia, severe personality disorders, and borderline normal intelligence. Her diagnosis of severe personality disorders was based in part on the fact that although the mother had been in treatment since 1985 and had attended two parenting skills programs, she still could not properly interact with her children. The doctor unequivocally stated that the mother could not adequately care for her children then or in the foreseeable future. Because the petition was granted on the ground of mental illness, the court was not required to hold a dispositional hearing (see, Matter of Joyce T., 65 N.Y.2d 39, 46; Matter of Denise Emily K., 154 A.D.2d 596).

We have examined the mother's remaining contentions and find them to be without merit. Sullivan, J.P., Lawrence, Copertino and Santucci, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF PAULINE
(May 10, 1993)