MATTER OF DOMINIQUE R.


38 A.D.3d 211 (2007)

831 N.Y.S.2d 149

In the Matter of DOMINIQUE R., an Infant. RACHELLE PAULINE R., Appellant; CHILDREN'S AID SOCIETY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 1, 2007.


Petitioner proved, by clear and convincing evidence, that respondent is presently and for the foreseeable future unable, by reason of mental illness, to provide proper and adequate care for her daughter (Social Services Law § 384-b [4] [c]). While respondent's expert witness testified to the possibility that in a year's time, with intensive psychotherapy, she would be able to care for the child, he acknowledged that despite her psychiatric history, respondent had never...

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