is that the environment wasn't journeys to the miners welfare the evidence all the evidence put on by the state was that yes my client was drinking yes she may or may not have had mental health problems but yes she also had somebody who was taking care of her son her infant son while she was on the front porch the evidence from the state is that yasser says well i thought mr wilson was a little too late a little slow but we all know that just because somebody is a little too late or a little slow doesn't mean that they are not appropriate caretakers for a child the c f s never even spoke to the man but the one person mr burns who was who was whose job was to investigate whether or not this wasn't injuries environment never even bothered to speak to the caretaker mr wilson of this child never even bothered to go into the house but then made also kinds of allegations that the child's clothing was inappropriate not knowing what the temperature of the house was like just the state holyfield on the issue of injuries environment to prove its case there are good records i think i have very clear on that point we would ask th case is you got tied up in that well there's a mental health issue here is exactly what does your best there's a mental health issue there's alcohol the environment must necessarily be injurious and i just don't think that's that's not that's not the standard it's not the case law says case law is very clear that there are two separate issues yes there can be and a mental illness yes there can be alcohol use that does not necessarily mean that the environment is injurious to the welfare and i think in this case there was no evidence that the environment was interest to the when the police officer was there for a fairly lengthy period of time and did not see the child being fed or responding caring for the child at all during that time period i agree with your honor that she did not see respondent testify she did not see responding caring for the child at all the time that that time period i mean for testimony was also that she didn't see the child being fed however i don't believe her testimony she was that she was with the child the whole time her testimony was that she spent most of the that the medication bottles it was good idea to there was prescription medication everywhere all and the child was lying on a bed with no side real three month old she did ok but that doesn't mean that that the child's environment was injuries to his welfare she had arranged for somebody to take care of him somebody was they were taking care of that well but if it's a part of which doesn't mean that he kept in fact that it was because remember and i think if you review the transcripts the officer sat on the porch with my client for the majority of the day so she she did go in and she actually met mr wilson and she watched him change attacker but as i recollect the testimony she was not with that child for most of the day she was with my client talking which would have meant for a new york period the mother provided the ok if the child but didn't have an alternate charity or caregiver and she was drinking day or two before whenever that was and given her later visits and or whatever a psycho i don't know what a psychiatrist would call her inability to focus and jumping around with  as you do it well if the woman appeared to me to be somewhat unstable regularly drinking having what appeared to be a slow or developmentally delayed adult son or nephew whatever it was caring for the child herself and this would be a characterization ignoring the child for eight plus hours and she just had an altercation with a domestic altar creation with her own mother yes throughout the house  alcohol users substance abuse problem here of course there is concrete evidence found in her alcohol abuse problem in the form of course the observations of boxer our noting that it was fun it was drinking earlier than i am about the whole day and also respondents the father j j michael prescott testified the respondent did have an alcohol problem and that it was bad enough that was the reason our house so it was clear that the son had an alcohol problem it was also clear that she had a mental illness the main point there being that she admitted release so there's no medical records in the evidence but there was an admission from a sponsor of this she did suffer from this at least depression and quite possibly post traumatic disorder  how does this how does this translate into her care j j one concrete example that officer howard was or was or she failed to take care of him all day whether there was a caregiver not wasn't available from the evidence versus suitable caregiver was debatable from the evidence the trial court found that the caregiver wasn't suitable that being mr wilson but leaving that for a minute responded for a moment thought it would be a good idea her lack of focus her dress the mood swings resulted in her never following through with the task of actually getting the formula going up and feeding of the child change the baby and wilson couldn't do this even most basic child care task without multiple instructions from howard on how do you follow through of course this is a two month old baby  changing the diaper is the most basic in and out routine tasks that could come up there could be multiple other problems that could come of this that this caregiver might against the manifest weigh the evidence to the trial court to not only find that this child was neglected but the respondent suffered from an alcohol abuse problem suffered from mental illness and th was not suitable the substitute caregiver which presumably looking at the evidence might be might might have been they responded to being put on the spot