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NO CAUSAL CONNECTION BETWEEN FATHER’S MENTAL ILLNESS AND ACTUAL OR POTENTIAL HARM TO THE CHILD, NEGLECT FINDING VACATED (SECOND DEPT).

The Second Department, reversing Family Court, determined that a causal connection between father’s mental illness and actual or potential harm to the child (Kyle) had not been demonstrated. The neglect finding was vacated:

While parental neglect may be based on mental illness, proof of a parent’s mental illness alone will not support a finding of neglect … . Rather, the petitioner must adduce evidence sufficient to “establish a causal connection between the parent’s condition, and the actual or potential harm to the [child]”… .

In this case, we agree with the father and the attorney for the children that ACS [Administration for Children’s Services] failed to establish that there was a causal connection between the father’s mental illness and any actual or potential harm to Kyle … . The evidence did not establish that the father’s mental illness, for which he was receiving treatment, precluded him from being able to care for Kyle, or placed Kyle’s physical, mental, or emotional condition in imminent danger of becoming impaired … . Matter of Geoffrey D. (Everton D.), 2018 NY Slip Op 01185, Second Dept 2-21-18

FAMILY LAW (NEGLECT, MENTAL ILLNESS, NO CAUSAL CONNECTION BETWEEN FATHER’S MENTAL ILLNESS AND ACTUAL OR POTENTIAL HARM TO THE CHILD, NEGLECT FINDING VACATED (SECOND DEPT))/NEGLECT (FAMILY LAW, MENTAL ILLNESS, NO CAUSAL CONNECTION BETWEEN FATHER’S MENTAL ILLNESS AND ACTUAL OR POTENTIAL HARM TO THE CHILD, NEGLECT FINDING VACATED (SECOND DEPT))/MENTAL ILLNESS (FAMILY LAW, NEGLECT, NO CAUSAL CONNECTION BETWEEN FATHER’S MENTAL ILLNESS AND ACTUAL OR POTENTIAL HARM TO THE CHILD, NEGLECT FINDING VACATED (SECOND DEPT))

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DEFENDANT DEMONSTRATED HE WOULD NOT HAVE PLED GUILTY HAD HIS COUNSEL TOLD HIM... PATERNITY PETITION SHOULD HAVE BEEN DISMISSED ON EQUITABLE ESTOPPEL GROUNDS...