In re Stefanel C. – Child Neglect – Prenatal Drug Use
In re Stefanel Tyesha C., 157 A.D.2d 322, 556 N.Y.S.2d 280 (N.Y. App. Div. 1990).
NATURE OF THE CASE: This opinion relates to two consolidated cases involving a dispute whether prenatal conduct can be used to find child neglect.
FACTS: The mothers in each of the two cases used drugs during pregnancy and both children tested positive for cocaine at birth. Both mothers admitted to the use of cocaine while pregnant and one admitted to smoking marijuana daily. Both were or had been involved in drug rehab programs. Neglect proceedings were instituted against both mothers and the mothers then moved to dismiss the petitions. The mothers claimed that the petitions failed to state causes of action because prenatal conduct could not be used to form the basis of a finding of neglect. The Family Court agreed and dismissed the petitions. Both mothers failed to stay in drug rehabilitation programs and this appeal resulted.
ISSUE: Can a neglect petition be based on prenatal drug use and positive tests for drug toxicology in newborns?
RULE OF LAW: Yes. A neglect petition can be based on prenatal drug use and positive tests for drug toxicology in newborns.
HOLDING AND DECISION: Ordinarily a child will not be found to have been neglected where there has been prenatal drug use unless such use resulted in the parent’s failure to exercise the minimum degree of care which caused the child’s condition to be impaired or to be in imminent danger of becoming impaired. The defendant mothers claim that the petitions fail to establish that they were repeat drug users. However, the positive toxicology for cocaine in a newborn constitutes actual impairment for the purpose of withstanding a motion to dismiss and sufficient acts of mothers have been alleged which would support a finding that they were repeat drug users.
The Family Court’s dismissal of the petitions on the pleadings eliminated the opportunity for a fact finding hearing to present evidence and relevant information on the issue of neglect. The presumption in the relevant state statute eliminates a requirement of specific parental conduct vis a vis the child, and neither actual impairment nor specific risk of impairment need be established. There need be no allegation of continued drug use to maintain the petition for neglect. It was error to dismiss the petitions.
DISPOSITION: Reversed.