SCO Family of Servs. v. Maceba W. (In re No Given Name W.)

• Decision Date: 18 November 2020
• Docket Number: Docket No.B–5098–17,2019–04969
• Citation: 188 A.D.3d 1078,132 N.Y.S.3d 647 (Mem)
• Parties: In the MATTER OF NO GIVEN NAME W. (Anonymous), also known as "Female" W. (Anonymous), also known as Mya W. (Anonymous). SCO Family of Services, respondent, v. Maceba W. (Anonymous), appellant.
• Court: New York Supreme Court — Appellate Division

188 A.D.3d 1078
132 N.Y.S.3d 647 (Mem)

In the MATTER OF NO GIVEN NAME W. (Anonymous), also known as "Female" W. (Anonymous), also known as Mya W. (Anonymous).

SCO Family of Services, respondent,
v.
Maceba W. (Anonymous), appellant.

2019–04969
Docket No.B–5098–17

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

Submitted—September 29, 2020
November 18, 2020

Rhea G. Friedman, New York, NY, for appellant.

Leventhal, Mullaney & Blinkoff, LLP, Roslyn, N.Y. (Jeffrey Blinkoff of counsel), for respondent.

Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and John A. Newbery of counsel), attorney for the child.

ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Erik S. Pitchal, J.), dated March 13, 2019. The order of fact-finding and disposition, after a fact-finding hearing, found that the mother was 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 child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The petitioner commenced this proceeding to terminate the mother's parental rights to the subject child on the ground of mental illness (see Social Services Law § 384–b[4][c] ). After a fact-finding hearing, the Family Court granted the petition. The mother appeals.

"Terminating parental rights on the ground of mental illness requires the petitioning agency to show by clear and convincing evidence that the parent is presently, and will continue for the foreseeable future to be, unable to provide proper and adequate care for the child by reason of the parent's mental illness" ( Matter of Christopher T.L. [Sayid L.] , 179 A.D.3d 685, 686, 116 N.Y.S.3d 326 ).

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