In re Philip R.
Cases that cite this one
10 later published cases cite this decision.
- M.R. v. D.R. (New York Supreme Court, Westchester County 2024)
- M.B. v. C.B. (New York Supreme Court, Westchester County 2025)
- Matter of Marie ZZ. (Appellate Division of the Supreme Court of New York 2016)
- In re Dominique M. (Appellate Division of the Supreme Court of New York 2009)
- In re Abdullah M. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2009)
- Rapoport v. Cambridge Development, LLC (Appellate Division of the Supreme Court of New York 2008)
- In re Barbara Anne B. (Appellate Division of the Supreme Court of New York 2008)
- Nancy C. v. Alison C. (Appellate Division of the Supreme Court of New York 2008)
- In re Shawndalaya (Appellate Division of the Supreme Court of New York 2006)
- In re Justice T. (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to Social Services Law § 384-b to terminate the mother’s parental rights on the ground that she is presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the subject children, and on the ground of permanent neglect, the mother appeals from an order of fact-finding and disposition (one paper) of the Family Court, Putnam County (Miller, J.), entered September 25, 2000, which, after a fact-finding hearing, found that she is unable to provide for the children by reason of mental illness and determined that she permanently neglected the children, terminated her parental rights, and transferred custody and guardianship of the children to the petitioner for purposes of adoption.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the mother’s contention, the petitioner established by clear and convincing evidence that she is presently and for the foreseeable future unable to provide proper and adequate care for her children by reason of mental illness (see Social Services Law § 384-b [4] [c]; [6] [a]; Matter of Laura D., 270 AD2d 260; Matter of Juliana V., 249 AD2d 314). Both a psychiatrist and a psychologist testified that, based upon their examinations of the mother and their review of her psychiatric history, the mother suffered from paranoid schizophrenia. Moreover, the mother’s disorder is long-standing, and she refuses to accept psychiatric treatment or take medication. The experts testified that her judgment and ability to care for her children are impaired by her illness and that her condition is unlikely to improve because she refuses treatment. Thus, the children, if returned to her, would be at risk of being neglected presently and in the foreseeable future (see Matter of Pariis L., 286 AD2d 501).
The petitioner also established by clear and convincing evidence that the mother had failed for a period of more than one year following the date the children came into its care to substantially and continuously plan for the future of her children, notwithstanding the petitioner’s diligent efforts to encourage and strengthen the parental relationship (see Social Services Law § 384-b [4] [d]; [7] [a]; Matter of Joseph ZZ., 245 AD2d 881, 883).
The mother’s remaining contention is without merit. Santucci, J.P., Altman, Townes and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.