TERMINATION OF PARENTAL RIGHTS - EXPERT TESTIMONY

MATTER OF MORPHIUS I., 2017 NY Slip Op 1205 - NY: Appellate Div., 2nd Dept. 2017:

"The agency established by clear and convincing evidence that the mother was unable to properly and adequately care for the child, now and in the foreseeable future, by reason of mental illness (see Social Services Law § 384-b[3][g], [4][c]), inter alia, through the testimony of a court-appointed clinical psychologist. Many of the records relied upon by him were admissible as business records (see Matter of Skylar F. [David Judah P.], 121 AD3d 611; Matter of Anthony H. [Karpati], 82 AD3d 1240) and, in any event, his reliance as an expert upon those records was not error (see Hinlicky v Dreyfuss, 6 NY3d 636, 648; Matter of Summer SS. [Thomas SS.], 139 AD3d 1118; Matter of Kaitlyn X. [Arthur X.], 122 AD3d 1170)."