Order unanimously modified, on the law and facts and, as modified, affirmed, without costs, in accordance with the following memorandum:
On our view of the record, we cannot agree that petitioner has established that Rebecca is a neglected child.
The Department of Social Services has the burden of proving the allegations of the petition by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]; Matter of Hofbauer,
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