In re Kaylene S., 101 A.D.3d 1648 (N.Y. App. Div. 4th Dep't 2012). · Go Syfert
In re Kaylene S., 101 A.D.3d 1648 (N.Y. App. Div. 4th Dep't 2012). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
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At page 1648 Determining parental unfitness based on mental illness6 citing casesMemorandum: Respondent mother appeals from an order terminating her parental rights on the ground of mental illness with respect to one of her older children…opening of page *1648 (no citing court says what it cites this page for) · 4 listed here
  • Charles J.S. v. Anna W., 136 A.D.3d 1317 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    In addition, to the extent that the mother contends in all appeals that the court erred in admitting the reports and testimony of a psychologist, that contention is also not preserved for our review (see Qua'Mel W., 129 AD3d at 1487; Kayle…
  • A., Isobella, Mtr. of, No. CAF 14-01546 (N.Y. App. Div. 4th Dep't Feb. 5, 2016).published
    In addition, to the extent that the mother contends in all appeals that the court erred in admitting the reports and testimony of a psychologist, that contention is also not preserved for our review (see Qua’Mel W., 129 AD3d at 1487; Kayle…
  • S., Nadya, Mtr. of, No. CAF 13-01349 (N.Y. App. Div. 4th Dep't Nov. 13, 2015).published
    Contrary to the contention of the mother, the court properly determined that petitioner met its burden of demonstrating by clear and convincing evidence that she is presently and for the foreseeable future unable to provide proper and adeq…
  • In re the Guardianship of Nadya S., 133 A.D.3d 1243 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Contrary to the contention of the mother, the court properly determined that petitioner met its burden of demonstrating by clear and convincing evidence that she is presently and for the foreseeable future unable to provide proper and adeq…
At page 1649 “inasmuch as the paramount purpose of family court act article 10 is the protection of the 'physical, mental, and emotional well-being' of children . . . , and mindful of the particular vulnerability attendant to newborn infants such as the child herein . . . , we conclude that family court's findin…”1 citing casethe opinion's own words at *1649, quoted by 2 later opinions
  • Matter of Ayden W. (John W.), 156 A.D.3d 1389 (N.Y. App. Div. 4th Dep't 2017).published
    Petitioner’s expert further concluded that the father’s conditions were not amenable to treatment, and thus the father’s inability to care for the children extended into the foreseeable future (see Destiny V., 106 AD3d at 1496; Kaylene S.,…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of Kaylene S. and Another, Infants. Erie County Department of Social Services, Respondent Brauna S.
Appellate Division of the Supreme Court of the State of New York.
Dec 21, 2012.
Published opinion
101 A.D.3d 1648
Published

Memorandum: Respondent mother appeals from an order terminating her parental rights on the ground of mental illness with respect to one of her older children and entering a finding of derivative neglect with respect to her youngest child. The mother contends that petitioner failed to lay a proper foundation for the testimony of its expert witnesses. That contention is unpreserved for our review (see generally Matter of Brayanna G., 66 AD3d 1375, 1375 [2009], lv denied 13 NY3d 714 [2009]; Wall v Shepard, 53 AD3d 1050, 1050 [2008]). In any event, it lacks merit inasmuch as an adequate foundation was laid for the testimony (see generally Matter of Devonte M.T. [Leroy T.], 79 AD3d 1818, 1818 [2010]). We agree with Family Court that petitioner met its burden of demonstrating by clear and convincing evidence that the mother is presently and for the foreseeable future unable to provide proper and adequate care for the older child at issue by reason of mental illness (see Social Services Law § 384-b [4] [c]; [6] [a]; see e.g. Matter of Demariah A. [Rebecca B.], 71 AD3d 1469, 1469 [2010], lv denied 15 NY3d 701 [2010]). Contrary to the mother’s contention, the court did not err in allowing a psychologist to testify based on an evaluation that he conducted several years earlier in connection with a matter involving one of the mother’s other children (see Matter of Aubrey A. [Rebecca B.], 96 AD3d 1459, 1459 [2012]; Matter of Robert K., 56 AD3d 353, 353 [2008], lv denied 12 NY3d 704 [2009]; see generally Matter of Dominique M., 62 AD3d 503, 503[*1649] [2009]). The psychologist’s testimony was detailed and supported his opinion that it was unlikely that the mother’s condition would improve over time. That testimony was substantiated by the testimony of a second expert who had interviewed the mother in connection with the instant petitions and opined that, due to her mental illness, she was unable to parent the child for the present and foreseeable future. Contrary to the mother’s further contention, the court was free to accept the testimony of petitioner’s experts over that of her expert (see generally Matter of Kimberly J., 216 AD2d 940, 941 [1995], lv denied 87 NY2d 801 [1995]).

The court did not err in entering a finding of derivative neglect with respect to the mother’s youngest child. The credible evidence supports a finding that the mother’s untreated and ongoing mental illness resulted in an inability to care for her youngest child in the foreseeable future (see Matter of Henry W, 30 AD3d 695, 696 [2006]; see also Matter of Sophia M.G.-K. [Tracy G.-K.], 84 AD3d 1746, 1746-1747 [2011]). Indeed, the record reflects that the mother “demonstrated a fundamental defect in [her] understanding of the duties and obligations of parenthood and created an atmosphere detrimental to the physical, mental and emotional well-being of [that child]” (Matter of Derrick C., 52 AD3d 1325, 1326 [2008], lv denied 11 NY3d 705 [2008] [internal quotation marks omitted]; see Matter of Cory S. [Terry W.], 70 AD3d 1321, 1322 [2010]). Present — Scudder, P.J., Centra, Valentino, Whalen and Martoche, JJ.