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MATTER OF DAQUAN A.

6445- 6446-6447

91 A.D.3d 414 (2012)

937 N.Y.S.2d 160

2012 NY Slip Op 6

In the Matter of KEONI DAQUAN A. and Others, Children Alleged to be Neglected. BRANDON W., Appellant; APRIL A., Respondent; NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 3, 2012.

A preponderance of the evidence supports the finding that respondent neglected the children by misusing drugs and not participating in any rehabilitation program during the relevant period (see Family Ct Act § 1012 [f] [i] [B]; Matter of Jasmine B., 66 A.D.3d 420 [2009]). Respondent's testimony that he regularly smokes marijuana is prima facie evidence of neglect pursuant to...

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