Ordered that the fact-finding order is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.
Family Court Act § 1012 provides, in relevant part, that "`Neglected child' means a child less than eighteen years of age ... whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible...
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