IN RE KRISTIAN-ISAIAH WILLIAM M., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., JESSENICA TERRI-MONICA B., res-ap, JEWISH CHILD CARE AGENCY, pet-res

10574-10574A. IN RE KRISTIAN-ISAIAH WILLIAM M., AND ANOTHER, DEPENDENT CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., JESSENICA TERRI-MONICA B., res-ap, JEWISH CHILD CARE AGENCY, pet-res — Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for res — CAROL KAHN, NEW YORK, ATTORNEY FOR THE CHILDREN.—Orders of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 23, 2012, which, following a fact-finding determination that respondent mother had permanently neglected the subject children, and presently, and for the foreseeable future, is unable, by reason of mental illness, to provide proper and adequate care for them, terminated her parental rights, and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence, including expert testimony from a court-appointed psychologist who examined the mother for several hours and reviewed her extensive medical history, supports the determination that she is presently and for the foreseeable future unable to provide adequate care for the children, due to mental illness (see Social Services Law §384-b[4][c], [6][a]). The psychologist testified that the mother suffered from schizoaffective disorder, had been hospitalized numerous times for psychiatric conditions, abused alcohol and marijuana, had frequent violent altercations, and lacked insight into her condition (see Matter of Rosie Shameka S.R. [Tulip S.R.], 102 AD3d 480 [1st Dept 2013]). Although the mother had two younger children in her care, the psychologist stated that her mental illness was a chronic condition, characterized by periods of relative stability fluctuating with periods of instability. He also noted that the younger children had been in the mother’s care, under court supervision, for a limited time period, and that the addition of the subject children to the household might cause the mother to decompensate.