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CHIDREN WERE HEALTHY AND WELL CARED FOR, NEGLECT PETITION BASED UPON MOTHER’S MENTAL ILLNESS PROPERLY DISMISSED.

The Second Department determined Family Court properly dismissed the neglect petition against mother which was based upon mother’s alleged mental illness:

Although a finding of neglect may be predicated upon proof that a child’s mental, physical, or emotional condition is in imminent danger of becoming impaired as a result of a parent’s mental illness, “proof of mental illness alone will not support a finding of neglect” … .

Here, the petitioner failed to sustain its burden of proving by a preponderance of the evidence that the children’s physical, mental, or emotional condition was in imminent danger of becoming impaired as a result of the mother’s mental illness … . The evidence showed that the children were healthy and well cared for by the mother … . Matter of Jaurelious G. (Gwendolyn J.), 2017 NY Slip Op 01692, 2nd Dept 3-8-17

 

FAMILY LAW (CHIDREN WERE HEALTHY AND WELL CARED FOR, NEGLECT PETITION BASED UPON MOTHER’S MENTAL ILLNESS PROPERLY DISMISSED)/NEGLECT (FAMILY LAW, MENTIAL ILLNESS, CHIDREN WERE HEALTHY AND WELL CARED FOR, NEGLECT PETITION BASED UPON MOTHER’S MENTAL ILLNESS PROPERLY DISMISSED)/MENTAL ILLNESS (FAMILY LAW, NEGLECT, CHIDREN WERE HEALTHY AND WELL CARED FOR, NEGLECT PETITION BASED UPON MOTHER’S MENTAL ILLNESS PROPERLY DISMISSED)

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