Opinion
CAF 03-00771.
February 11, 2004.
Appeals from an order of the Family Court, Niagara County (John F. Batt, J.), entered January 30, 2003. The order terminated respondents' parental rights.
KATHLEEN E. CASEY, MIDDLEPORT, FOR RESPONDENT-APPELLANT DANIEL S.
TIMOTHY P. MURPHY, LOCKPORT, FOR RESPONDENT-APPELLANT ANN D.
THOMAS W. SCIRTO, LOCKPORT, FOR PETITIONER-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Family Court properly terminated the parental rights of respondents on the ground of mental retardation. Respondents' child was placed in the custody of petitioner shortly after his birth. Neglect petitions were filed against respondents, who both made admissions of neglect. Petitioner thereafter filed these petitions seeking to terminate their parental rights on the ground of mental retardation. Petitioner established by clear and convincing evidence that respondents suffer from "subaverage intellectual functioning which originate[d] during the developmental period and is associated with impairment in adaptive behavior to such an extent that if such child were placed in . . . the custody of [respondents], the child would be in danger of becoming a neglected child" (Social Services Law § 384-b [b]; see § 384-b [3] [g]; Matter of William BB., 293 A.D.2d 791, 791-792; Matter of Michael E., 241 A.D.2d 635, 636-637). Petitioner further established that respondents are "presently and for the foreseeable future unable, by reason of . . . mental retardation, to provide proper and adequate care" for their child (§ 384-b [4] [c]; see Matter of Karan Ann B., 293 A.D.2d 673, 673-674; Matter of Mathew Z., 279 A.D.2d 904, 906).