In re Abby B.
Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Family Court properly terminated the parental rights of the father (respondent). Petitioner presented clear and convincing evidence that respondent is presently and for the foreseeable future unable by reason of mental retardation to provide proper and adequate care for the child (see, Social Services Law § 384-b [3] [g]; [4] [c]; Matter of Joyce T., 65 NY2d 39, 46; Matter of Cathleen B., 219 AD2d 847). The psychiatrist who performed the court-ordered evaluation testified that, although the mental retardation of respondent was mild, his limitations prevented him from understanding the child’s severe disabilities, and thus the child would be at risk of becoming a neglected child if placed in his custody.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.