Evidence of Mother’s Mental Illness, Without More, Did Not Justify Neglect Finding

The Second Department determined mother’s mental illness alone did not support a finding of neglect:

…[T]he Administration for Children’s Services (hereinafter the ACS), adduced evidence at the fact-finding hearing which established that the mother suffered from bipolar disorder at the time each of the two subject children were born. “A finding of neglect may be predicated upon proof that a child’s physical, mental, or emotional condition is in imminent danger of becoming impaired as a result of a parent’s mental illness”…. However, “proof of mental illness alone will not support a finding of neglect”; the evidence “must establish a causal connection between the parent’s condition, and actual or potential harm to the children”…. Here, the ACS failed to establish, by a preponderance of the evidence, the existence of a causal connection between the mother’s bipolar disorder and actual or potential harm to the subject children … .   Matter of Alexis SG…, 2013 NY Slip Op 04336, 2nd Dept, 6-12-13