In re Crystal P.

Summary

The Appellate Division, First Department affirmed an order terminating the respondent mother’s parental rights based on clear and convincing evidence that her mental disability rendered her unable to provide proper and adequate care for the child. The court also held that the mother’s challenge to the absence of a dispositional hearing was unpreserved and, alternatively, that such a hearing was unnecessary under the circumstances.

Holdings

1. Clear and convincing evidence established that respondent was unable, at present and for the foreseeable future, to provide proper and adequate care for the child because of her mental retardation; the termination order was therefore affirmed.
2. The claim that Family Court erred by failing to hold a dispositional hearing was unpreserved, and the court declined to review it in the interest of justice.

Questions Presented

1. Whether clear and convincing evidence established that respondent's mental retardation rendered her unable, at present and for the foreseeable future, to provide proper and adequate care for the child.
2. Whether Family Court erred by failing to conduct a dispositional hearing before terminating respondent's parental rights.
3. Whether the Appellate Division could review the dispositional-hearing claim when it was not preserved below.

Disposition

affirmed