Latisha H. v. Admin. for Children's Servs. (In re Dior S.)

• Decision Date: 12 April 2018
• Docket Number: 6258,6259
• Citation: 74 N.Y.S.3d 40,160 A.D.3d 495
• Parties: IN RE DIOR S., and Another, Children under Eighteen Years of Age, etc., Latisha H., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
• Court: New York Supreme Court — Appellate Division

160 A.D.3d 495
74 N.Y.S.3d 40

IN RE DIOR S., and Another, Children under Eighteen Years of Age, etc.,

Latisha H., Respondent–Appellant,
v.
Administration for Children's Services, Petitioner–Respondent.

6258
6259

Supreme Court, Appellate Division, First Department, New York.

ENTERED: APRIL 12, 2018

Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Jessica Miller of counsel), for respondent.

Dawne Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.

Sweeny, J.P., Richter, Andrias, Webber, Moulton, JJ.

74 N.Y.S.3d 41

Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about February 22, 2017, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about December 2, 2016, which found that respondent mother neglected the subject children, unanimously affirmed, without costs. Appeal from the fact-finding order, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

Petitioner agency proved by a preponderance of the evidence that the mother neglected the children by failing to treat her mental illness (see Family Ct. Act §§ 1012[f][i][B] ; 1046[b][i]; Matter of Michael P. [Orthensia H.], 137 A.D.3d 499, 500, 27 N.Y.S.3d 123 [1st Dept. 2016] ). The grandmother's testimony about the mother's violent behavior toward her and the mother's admission that she was diagnosed with bipolar disorder raised the substantial probability that the mother's failure to treat her mental illness would place the children at imminent risk of impairment if released to her care (see Matter of Enrique S. [Kelba C.S.], 134 A.D.3d 576, 577, 23 N.Y.S.3d 30 [1st Dept. 2015], lv denied 27 N.Y.3d 948, 29 N.Y.S.3d 910, 49 N.E.3d 1203 [2016] ). In addition, the testimony about the April 3, 2016 incident demonstrated that the mother's untreated mental illness not only created an imminent risk of harm to the children, but...