I believe that using the Mental Health Act can also be a sign that a person is not fit to enter a plea.
"Application of the laws means that some persons charged with criminal offences are judged not fit to enter a plea ....."
Chapter 13 - Mental health and the criminal justice system Introduction 13.1 In this chapter the committee considers issues that arise when people with mental illnesses come into contact with the criminal justice system. The publicity given to criwww.aph.gov.au
"There are certain situations where a defendant in a criminal case case cannot be made to go to trial.
This includes where the person does not understand the charges they are faced with, or how to plead (guilty or not guilty) to the charges, or the nature of the proceedings, or the effect of evidence given against them, or is not able to defend themselves or properly instruct their lawyers."
Going to court while battling a mental health issue? Our lawyers have a proven track record of achieving exceptional results in court.www.sydneycriminallawyers.com.au
But if you go with that reasoning, then a child should not have been in their care in the first place. If you are not fit to be responsible for your own actions, then you are not fit to be caring for another IMO