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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, presided over by Justice Rhoda J. Cohen, issued an order on June 27, 2011, determining that the mother had neglected her children and granting custody to their paternal aunt. The court's decision was affirmed unanimously, supported by a preponderance of evidence indicating that the children were in imminent danger due to the mother's severe and long-standing mental illness, which included major depression, anxiety, and trichotillomania. The mother's noncompliance with treatment led to her inability to provide adequate supervision, resulting in excessive school absences and insufficient nourishment for the children. The court found that her mental health condition not only posed an imminent risk but had already caused actual impairment in her ability to care for the children. The court denied the mother's request for an independent social worker to reassess the children’s willingness to resume contact with her, noting that the children's consistent stance against contact had been previously evaluated by various professionals. Additionally, the mother did not preserve her argument regarding the court's handling of the consolidated custody and dispositional hearing for appeal. Ultimately, the court concluded that awarding custody to the aunt was in the best interests of the children, as they were thriving in her care and wished to remain with her.