Matter of Duane II. (Andrew II.)

We respectfully dissent. We agree with the majority that petitioner demonstrated by clear and convincing evidence that respondent, as a consequence of his mental illness, was presently unable to adequately care for the children. Our departure stems from our view that petitioner failed to satisfy the clear and convincing standard to establish that respondent would be unable to adequately care for the children in the foreseeable future. In light of this failure, we would reverse.

Respondent is the father of two children (born in 2009 and *11332014). In May 2015, petitioner filed a petition…