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In Re Briana S.

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 5, 2012

IN RE BRIANA S., AND ANOTHER, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND LAQUEENA S., RESPONDENT-APPELLANT, THE ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Matter of Matter of Briana S. (LaQueena S.)

Decided on January 5, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Sweeny, Moskowitz, Manzanet-Daniels, Roman, JJ.

Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 4, 2010, which, after a fact-finding hearing, determined that respondent mother neglected the subject children, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence. The record demonstrates that the mother would be unable to care adequately for the infant children due to her documented history of mental retardation, mental illness, poor impulse control, impaired judgment, depression, medication noncompliance, and repeated psychiatric hospital admissions and treatment. Moreover, her problems have resulted in, among other things, her missing medical appointments for Daunte and his hospitalization for dehydration and weight loss. Under these circumstances, the court properly found that the children's "physical, mental or emotional condition . . . [was] in imminent danger of becoming impaired" (Family Ct Act § 1012 [f][i]; see Matter of Kayla W., 47 AD3d 571 [2008]). Contrary to the mother's contention, expert testimony as to how her mental illness affected her ability to care for the children was not required (see Matter of Jonathan S. [Ismelda S.], 79 AD3d 539 [2010]).

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

ENTERED: JANUARY 5, 2012

CLERK

20120105

© 1992-2012 VersusLaw Inc.



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