CHILD WAS IN DANGER OF NEGLECT
After her parental rights were terminated by the New York County Family Court, due to her mental illness, the mother appealed.
And, on its review, the Appellate Division, First Department, noted that “clear and convincing evidence” established that the mom suffered from “a combination of post-traumatic stress disorder and major depressive disorder with a history of psychotic features and catatonia.” Those conditions were found to impair her “parental functioning” such that she was unable to provide “proper and adequate care” for the child – meaning that the youngster would be in danger of neglect if reunited with the mother.
In the absence of “countervailing psychiatric, psychological or medical evidence," the AD1 could discern no irregularity with the determination, and unanimously affirmed the underlying outcome.
Would you consider that mental gymnastics?
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DECISION