 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
OPINION
|
EXTRACTED KEY WORDS
DANTE NEGLECT IMPAIRMENT POSITIVE TOXICOLOGY FAMILY COURT COCAINE DRUG EVIDENCE CARE DSS CHILD IMMINENT DANGER DANTIA CONTROLLED SUBSTANCE FAMILY COURT ACT PREGNANCY PROCEEDING BIRTH SOCIAL SERVICES REPORT MOTHER TESTIFY NASSAU COUNTY NEWBORN AFFIRM APPELLATE DIVISION SUPPORT CUSTODY STATUTE |
IN THE MATTER OF NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES O/B/O DANTE M.
(ANONYMOUS), RESPONDENT, v. DENISE J. (ANONYMOUS), APPELLANT. (PROCEEDING NO.
1)
IN THE MATTER OF NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES O/B/O DANTIA M.
(ANONYMOUS), RESPONDENT, v. DENISE J. (ANONYMOUS), APPELLANT. (PROCEEDING NO.
2)
87 N.Y.2d 73, 661 N.E.2d 138, 637 N.Y.S.2d 666
November 30, 1995
2 No. 209 (1995 NY Int. 260)
Decided November 30, 1995
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Jeremy L. Goldberg, for Appellant.
Denise R. Langweber, Law guardian
Marilyn L. Olshansky, for Respondent presentment agency.
SMITH, J.:
The issue before this Court is whether a finding of neglect as to a
newborn and the newborn's older sibling may be based solely on the
newborn's positive toxicology for a controlled substance. We conclude
that more than a positive toxicology is generally required for a
neglect determination. We affirm in this case because, as the
Appellate Division concluded, there is additional evidence in the
record supporting the Family Court's findings of neglect.
Appellant gave birth to her son Dante in November, 1990. Both mother
and son tested positive for cocaine. After learning of the positive
toxicologies, the Nassau County Department of Social Services ("DSS")
brought a petition pursuant to section 1022 of the Family Court Act to
temporarily remove Dante from appellant's care. Family Court conducted
a hearing on the removal petition on November 21, 1990.
At the hearing, DSS presented evidence that Dante was born with a
positive toxicology for cocaine and a low birth weight. DSS also
presented evidence that appellant had a history of cocaine abuse, had
been admitted to several drug rehabilitation centers, and that
appellant's mother had custody of two of appellant's children because
appellant's drug use rendered her incapable of caring for them.
Appellant's mother informed DSS that she had observed appellant high
on cocaine in the last weeks of appellant's pregnancy with Dante.
SNIPPETS:
|
|
|
| | | |
|
|
