In re Melody Xena A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
There was clear and convincing evidence that respondent is, by reason of her mental retardation, unable presently and for the foreseeable future to provide proper and adequate care for the subject children (see Social Services Law § 384-b [4] [c]). *614Respondent does not dispute that she is presently incapacitated, but contends that her capacity to care for her children in the foreseeable future may not be predicated on her present incapacity alone. However, Family Court’s finding of future incapacity was not based solely on respondent’s present incapacity; rather, it was based on “a combination…
2Cases cited2 opinions
- In re L. ChildrenNew York City Family Court · 1986
- In re the Guardianship of Jose Antonio G.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- Matter of Rayquan Reginald M. (Monique P.)Appellate Division of the Supreme Court of the State of New York · 2018