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In Re Faith D. A.

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


October 25, 2012

IN RE FAITH D. A., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., FAITH D. A.,
APPELLANT, LEAKE & WATTS SERVICES INC., PETITIONER-RESPONDENT, AND NATASHA A., RESPONDENT-RESPONDENT.

Matter of Matter of Faith D.A. (Natasha A.)

Decided on October 25, 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.

Tom, J.P., Andrias, Renwick, DeGrasse, Richter, JJ.

Order, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about December 19, 2011, which, after a hearing, dismissed the petition to terminate the parental rights of respondent mother on the ground of mental illness, unanimously reversed, on the law, without costs, the petition granted, and the custody and guardianship of the subject child transferred to petitioner agency and the Commissioner of Social Services for the purpose of adoption.

Petitioner met its burden of proving by clear and convincing evidence that respondent is mentally ill within the meaning of Social Services Law § 384-b(4)(c) and (6)(a) (see Matter of Joyce T., 65 NY2d 39, 50 [1985]; Matter of Genesis S. [Irene Elizabeth S.], 70 AD3d 570 [1st Dept 2010]). The report and testimony from a psychologist who reviewed respondent's medical records and conducted a clinical interview and found that respondent suffers from a personality disorder supports the determination that she is incapable of caring for the child presently and for the foreseeable future.

A separate dispositional hearing was not required since this is a case of termination for mental illness (see Matter of Joyce T., 65 NY2d at 47-50; Matter of Ashanti A., 56 AD3d 373, 373-374 [1st Dept 2008]).

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

ENTERED: OCTOBER 25, 2012

CLERK

20121025

© 1992-2012 VersusLaw Inc.



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