In re Royfik B.
Opinion of the Court
Respondent mother appeals from an order terminating her parental rights with respect to her son based on mental illness. Contrary to the mother’s contention, we conclude that petitioner met its burden of establishing by clear and convincing evidence that she is “presently and for the foreseeable future unable, by reason of mental illness . . . , to provide proper and adequate care for [the] child” (Social Services Law § 384-b [4] [c]; see Matter of Sean S. [Tina S.], 79 AD3d 1760 [2010], lv denied 16 NY3d 709 [2011]). Indeed, the
Finally, the mother’s contention that petitioner failed to establish that termination of her parental rights was warranted on the ground of mental retardation is not properly before us inasmuch as the order on appeal was based only on mental illness, not mental retardation (see generally Matter of Genesis S. [Irene Elizabeth S.], 70 AD3d 570 [2010]). Present — Scudder, EJ., Centra, Fahey, Peradotto and Lindley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.