Ordered that the order of fact-finding and disposition is reversed, on the facts, without costs or disbursements, and the petitions are dismissed.
To establish neglect, the petitioner must demonstrate, by a preponderance of the evidence, (1) that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker...
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