In a child protective hearing, proof that a caretaker repeatedly misuses a drug, to the extent that it has or would ordinarily have the effect of producing a substantial state of stupor or the like, is prima facie evidence of neglect (Family Ct Act § 1046 [a] [iii]). Assuming without deciding that the petitioner established a prima facie case, the respondent must offer a satisfactory explanation to rebut the evidence of neglect. (Matter of Philip M.,
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MATTER OF ROYAL P.
9330.
172 A.D.3d 533 (2019)
98 N.Y.S.3d 434
2019 NY Slip Op 03894
In the Matter of Royal P., An Infant. Danny P., Appellant; Administration for Child Services, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 16, 2019.
Decided May 16, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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