PARENTAL RIGHTS LOST DUE TO "MENTAL ILLNESS"

In Matter of Alexander James R, the Queens County Family Court terminated a mother’s parental rights by reason of her mental illness and transferred guardianship and custody of her child to the New York City Commissioner of Social Services.

On appeal, the Appellate Division, Second Department, explained that the mother was unable to adequately care for her offspring due to a generalized anxiety disorder, panic disorder, and borderline personality disorder.

Moreover, the testimony of the agency’s psychologist established that the mother’s dependence on anxiolytics and cocaine abuse impeded her ability to care for her child.

While the mother’s psychiatrist agreed with the agency’s diagnosis, that expert held open the possibility that she could be an “effective parent.” But, according to the AD2, the mere "possibility" that a mother might be capable of providing adequate care for her child at some future point did not warrant continuing parental custody.

How fitting was that?

To download a copy of the Appellate Division’s decision, please use this link: Matter of Alexander James R