Permanent Neglect Established—Mental Illness

In affirming Family Court’s finding that mother had permanently neglected her child and, because of her mental illness, would not be able to adequately care for the child in the future, the Second Department wrote:

…[T]he petitioner established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship by, among other things, developing a service plan, facilitating regular visitation with the child, and making referrals for mental health evaluations and counseling …. Additionally, the petitioner established that, despite these efforts, the mother failed to plan for the children’s future…. The mother failed to complete a mental health program, and her continued lack of insight into the reasons why the child was removed from her care prevented her from correcting such problems and reflected her failure to plan for the child’s future. Accordingly, the Family Court properly determined that the mother permanently neglected the child.  Further, the Family Court properly found that there was clear and convincing evidence that the mother is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for the child (see Social Services Law § 384-b[4][c]).  Matter of Kira J, 2013 NY Slip Op 05070, 2nd Dept 7-3-13