| Matter of Kira J. (Lakisha J.) |
| 2013 NY Slip Op 05070 [108 AD3d 541] |
| July 3, 2013 |
| Appellate Division, Second Department |
| In the Matter of Kira J. Nassau County Department ofSocial Services, Respondent; Lakisha J., Appellant. |
—[*1] John Ciampoli, County Attorney, Mineola, N.Y. (David A. Tauster of counsel), forrespondent. John M. Zenir, Mineola, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parentalrights on the grounds of permanent neglect and mental illness, the mother appeals froman order of fact-finding and disposition of the Family Court, Nassau County (Dane, J.),dated January 19, 2012, which, after a fact-finding hearing, found that she permanentlyneglected the subject child and 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 subjectchild to the Commissioner of the Nassau County Department of Social Services for thepurpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
Contrary to the mother's contention, the petitioner established by clear andconvincing evidence that it made diligent efforts to encourage and strengthen the parentalrelationship by, among other things, developing a service plan, facilitating regularvisitation with the child, and making referrals for mental health evaluations andcounseling (see Matter ofCarmine A.B. [Nicole B.], 101 AD3d 711 [2012]; Matter of Joseph W. [MonicaW.], 95 AD3d 1347 [2012]; Matter of Austin C. [Alicia Y.], 77 AD3d 938 [2010]; Matter of Darlene L., 38 AD3d552 [2007]). Additionally, the petitioner established that, despite these efforts, themother failed to plan for the children's future (Matter of Joseph W. [Monica W.],95 AD3d at 1347; Matter ofDileina M.F. [Rosa F.], 88 AD3d 998 [2011]; Matter of Darlene L., 38AD3d at 552). The mother failed to complete a mental health program, and her continuedlack of insight into the reasons why the child was removed from her care prevented herfrom correcting such problems and reflected her failure to plan for the child's future.Accordingly, the Family Court properly determined that the mother permanentlyneglected the child.
Further, the Family Court properly found that there was clear and convincingevidence that the mother is presently and for the foreseeable future unable, by reason ofmental [*2]illness, to provide proper and adequate carefor the child (see Social Services Law § 384-b [4] [c]). A licensedpsychologist, who interviewed the mother and reviewed her medical records, concludedthat the mother suffers from schizophrenia, and opined that the child would be at risk ofneglect if placed in the mother's care since her impairment is severe and she is notamenable to treatment and intervention. Such evidence is sufficient to support the FamilyCourt'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]; Matter of B. Mc. [Dawn Mc.],99 AD3d 713 [2012]; Matter of Dileina M.F. [Rosa F.], 88 AD3d 998 [2011]; Matter of Dominique Larissa BlueM. [Yasmin M.], 84 AD3d 962 [2011]; Matter of Erica D., 294 AD2d435 [2002]; Matter of Christina C., 185 AD2d 843 [1992]). Dillon, J.P., Roman,Miller and Hinds-Radix, JJ., concur.