mid term a nation that the child was neglected and then awarded custody of the minor child to the c f s we are here today to present argument to this court as to the reasons why the decision of the trial court must be reasons why the decision of the trial court was wrong in this instance the first is that the decision was against the manifest weight if you have it and it's against the manifest would have the evidence because the state failed to meet its burden in this case if able to prove by a preponderance of the evidence that my client would provide injurious environment for the child therefore the trial court lacks sufficient evidence to neglect only applies to the child but then the next step is the dispositional hearing wherein the court determines whether there is a parent that is ready willing able and fit to take care of that child in this case problem with this case there wasn't sufficient evidence presented in my time for the course of the term and whether he was able to care for the child the c f s allowed my client one two hour visit a week to care for the child on this child is admittedly a disabled child that requires special care and has special needs my client is a new father with a baby that has a disability d c s fassel out him a one two hour visit per week one two hour visit per week to learn how to care for the disabled child and then they said that he was unable to care for the child because he wasn't able to learn to do all of the things that the foster parent could do when the foster parent had the child in her care and custody for twenty four seven all the time absolutely i agree and i don't think there is any evidence in the record that says that my client could not have learned how to feed that child i think that it's it wasn't a fair set of circuit wasn't a fair trial for my client to give him diaper needed to be changed and in fact there's evidence in the record that that record that the child had trouble him seeing himself so it's possible entirely possible that the diaper never needed to be changed that the fact is they never gave him a chance to show that he can do those things they never gave him a four hour time period say where he would have to feed that child where he would have to change that child he had two hours once a week and he never missed a visit your honour's he was there every time and you hear repeatedly ask for more time with this shocking ourselves in my client shoes and here he's never had a child taken from him these people are coming saying we're taking your baby we don't think you can do it and they're going to ramrod down his throat how about how we think you should care for this child i mean just imagine if somebody was doing that to you i think you would be a little on the defensive too i think it was a matter of communication and needing to learn how to communicate with this father better to teach him we're not we're not at odds we're not adverse to you we want to help you with this fabian i don't see any evidence in the record that the c f s has made that date two thousand and ten where the new c f s caseworker said well the old one just wouldn't go see it she just wouldn't go see his house so how can you say that he has he's going to provide insurance environment when you haven't even went to look at the house to l condition of the above i think i i think that's true to some extent but your honor again given the fact that my client wasn't given sufficient time for this child to show that he could be a parent i think that it all ties  together you know with respect to abuse of substances it's all based on my client says my client says that nobody ever saw him drunk with the child nobody ever saw him exhibiting signs of intoxication with this child yes i drink alcohol while i will venture a guess that most people in this room drink alcohol that doesn't mean that people in this room not to care of their child so i think you're right it is a matter of degree and this is something that require proof because it's not like robbing a bank where you know you did it or you didn't this is this is how much when where is affecting your ability to care for this children i get this child excuse me and there's no evidence in the record that he couldn't he wasn't given a chance he wasn't given a chance and there's no the state that i know competent evidence that he was unable to care for th and again i go back to i just cannot believe d c invest wouldn't even look at this house you know if they looked at his house what if there are people there that can help him care for this child we don't know we don't know who else would be involved in this child's life he could have had a great family network and support and the child be just fine with the father the father wasn't given a chance because i it appears from the record that the father was lumped with the mother i think we can all agree that the mother shouldn't have this child but there's competent evidence in this record that the mother and the father were not living together said that it's not enough to find that the parent is mentally ill there must be some nexus between the mental illness and the neglect or the injuries environment for the child and i think in this case the same holds true there must be some nexus between the drug use and the parents inability to care for the child and that was it's going to refuse to work with my plant i was well acquainted with the wheel well that works yeah and that's the problem you know these give them a chance to parent a child if you can't it would be under supervision you know there's nothing wrong with having a social worker there to help state had to produce enough evidence a preponderance of the evidence for the court to make a determination and in this case the state produced insufficient evidence there's no evidence of some of these things either then what would you see of us as there's no investigation in six packs a day that's not evidence that the courts consider i'm not saying that at all what i'm saying is there's no evidence that that was impairing his ability to take care of this child