Fourth Department – Child custody: Matter of Shaiyah H.

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Child custody — Return to care — Mental health

Matter of Shaiyah H.

CAF 25-00820

Appealed from Family Court, Monroe County

Background: The respondent mother appealed from an order that denied her application seeking the return of her child to her care and custody following her temporary removal pursuant to a prior order.

Ruling: The Appellate Division affirmed. The court held that substantial evidence established that the return of the child to the mother would present an imminent risk to the child. It was established that the mother suffered from frequent visions that predominantly focused on murder and, at times, included the child. The mother lacked insight into her mental health conditions and she failed to take her medication or to seek mental health therapy. Further, the mother followed her visions and intrusive thoughts by engaging in unsafe behaviors that placed the child at imminent risk of harm.

Sabrina A. Bremer, of the public defender’s office, for the respondent-appellant; Mary Whiteside, county attorney, for the petitioner-respondent; Maureen N. Polen, attorney for the child.

Oral argument video