MATTER OF MADISON M.

1600.

140 A.D.3d 631 (2016)

33 N.Y.S.3d 268

2016 NY Slip Op 05090

In the Matter of MADISON M., a Child Alleged to be Neglected. JENNIFER P., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided June 28, 2016.


Petitioner agency established by a preponderance of the evidence that the mother had neglected the child by misusing a drug or drugs (see Family Ct Act § 1012 [f] [i] [B]). The mother had a prior neglect finding against her with respect to another child based on her misuse of drugs; was arrested for drug use within nine months of her pregnancy with the subject child; initially refused to submit herself or the child for drug screening when the child was born, even...

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