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MATTER OF QUALIAYAH J.

3689, 3688.

149 A.D.3d 495 (2017)

2017 NY Slip Op 02881

52 N.Y.S.3d 95

In the Matter of QUALIAYAH J. and Another., Children Alleged to be Neglected. TANEKA J., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided April 13, 2017.

The mother's regular, long-term drug use while the children were in her care constituted prima facie evidence of neglect, and she failed to rebut the statutory presumption by showing that she was participating in treatment (Family Ct Act § 1046 [a] [iii]). In fact, the evidence affirmatively showed that the mother had refused all of the agency's referrals and maintained that she was not addicted to marijuana. The Family Court...

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