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In re Princess Ashley C.
Citations: 96 A.D.3d 682; 947 N.Y.S.2d 513
Court: Appellate Division of the Supreme Court of the State of New York; June 28, 2012; New York; State Appellate Court
The Family Court of New York County issued an order on June 27, 2011, determining that the mother had neglected her children, resulting in the custody of the children being awarded to their paternal aunt. The court's decision was unanimously affirmed on appeal. Key findings included a preponderance of evidence indicating that the children's physical, mental, or emotional well-being was in imminent danger due to the mother’s severe mental illness, characterized by major depression, anxiety, and trichotillomania, which impaired her ability to care for them. The mother's noncompliance with treatment led to a deterioration in her condition, creating an imminent risk of harm and actual impairment in her ability to provide adequate supervision and basic needs, such as sufficient food and school attendance. The court denied the mother's request for an independent social worker to interview the children regarding potential contact, noting that the children's consistent stance against contact with her had been established through previous interviews with various professionals. The mother's objections regarding the court's ability to analyze the evidence were deemed unpreserved for appeal since she did not raise these issues during the hearing. Ultimately, the court found that awarding custody to the aunt was in the best interests of the children, who were thriving in her care and wished to remain with her.