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MATTER OF MIA S. (MICHELLE C.)

2020-01373, Docket No. N-7854-19.

212 A.D.3d 17 (2022)

179 N.Y.S.3d 732

2022 NY Slip Op 06932

In the Matter of MIA S. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MICHELLE C., Appellant.

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

Decided December 7, 2022.

Attorney(s) appearing for the Case

Glenn Gucciardo , Northport, for appellant.

Dennis M. Cohen , County Attorney, Central Islip ( Jacklyn N. Aymong of counsel), for respondent.

Paul K. Siepmann , Patchogue, Attorney for the Child.

BRATHWAITE NELSON, J.P., RIVERA and MILLER, JJ., concur.

OPINION OF THE COURT

On March 31, 2021, Family Court Act § 1046(a)(iii) was amended to provide that "the sole fact that an individual consumes cannabis" is not sufficient to constitute prima facie evidence of child neglect. On this appeal from an order finding that the mother neglected...

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