Sherry P. v. Admin. for Children's Servs. (In re Shanai W.)

212 A.D.3d 447

179 N.Y.S.3d 577 (Mem)

In the MATTER OF SHANAI W., and Others, Children Under Eighteen Years of Age, etc.,

Sherry P., Respondent-Appellant,

v.Administration for Children's Services, Petitioner-Respondent.

17048

Dkt. Nos. NN-05850/19, NN-05851/19, NN-05852/19

Case No. 2021-02491

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

Entered January 10, 2023

Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.

Sylvia O. Hinds–Radix, Corporation Counsel, New York (Kate Fletcher of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (John A. Newbery of counsel), for the child Shanai W.

Jessica Brown, Hartsdale, attorney for the children Prince S.P. and Mercy P.

Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.

Order of disposition, Family Court, Bronx County (E. Grace Park, J.), entered on or about June 11, 2021, to the extent it brings up for review a fact-finding order, same court (Elenor C. Cherry, J.), entered on or about May 21, 2021, finding that respondent mother neglected the subject children, unanimously affirmed, without costs.

Petitioner agency demonstrated by a preponderance of the evidence that the mother suffers from a mental illness which interfered with her judgment and parenting abilities, thereby placing the children at imminent risk of physical, mental or emotional impairment (see Family Ct Act § 1046[b][i] ; Matter of Jayvien E. [Marisol T.], 70 A.D.3d 430, 435–436, 894 N.Y.S.2d 52 [1st Dept. 2010] ). The record shows that the mother exhibited delusional behavior, underwent multiple hospitalizations for mental illness and stopped taking prescribed medication without consulting with her provider (see Matter of Ruth Joanna O.O. [Melissa O.], 149 A.D.3d 32, 39, 49 N.Y.S.3d 374 [1st Dept. 2017], affd 30 N.Y.3d 985, 65 N.Y.S.3d 122, 87 N.E.3d 154 [2017] ; Matter of Mylah C. [Chantal C.], 159 A.D.3d 553, 70 N.Y.S.3d 381 [1st Dept. 2018] ; Matter of Immanuel C.-S. [Debra C.], 104 A.D.3d 615, 962 N.Y.S.2d 122 [1st Dept. 2013] ). Evidence of actual injury to the children was not required to enter a finding of neglect, since there is sufficient evidence that the children were at imminent risk of harm due to the mother's untreated mental illness (see Matter of Ruth Joanna O.O., 149 A.D.3d at 41, 49 N.Y.S.3d 374 ).