New York Court of Appeals
In the Matter of Nassau County Department of Social Services v. Denise J…
November 30, 199587 N.Y.2d 73
Summary
The New York Court of Appeals held that a newborn's positive toxicology for a controlled substance alone does not satisfy the statutory predicates for a finding of neglect; additional evidence of actual impairment or imminent danger is required. The Court affirmed the Appellate Division because the record contained such additional evidence supporting the Family Court's neglect findings for both children.