Legal Opinion
In re Fletcher
New York City Family Court
Decided October 7, 1988PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Jeffry H. Gallet, J.
Respondent mother moves for dismissal of this child protective proceeding alleging petitioner’s failure to state a cause of action. (CPLR 3211 [a] [7].)
*334THE ISSUE
At issue is whether a mother’s prenatal drug use alone can form the basis for a finding of neglect under section 1012 (f) (i) (B) of the Family Court Act.
THE FACTS
The petition alleges that a child with a positive toxicology for cocaine was born to respondent and that she admitted using cocaine during her pregnancy. Respondent, allegedly, is not enrolled in a drug treatment program although…
2Cases cited17 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Thornburgh v. American College of Obstetricians and GynecologistsSupreme Court of the United States · 1986
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Tyesha C.Appellate Division of the Supreme Court of the State of New York · 1990
- Alfredo S. v. Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1991
- In re MillandNew York City Family Court · 1989
- Alfredo S. v. Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1991
- In re Fathima Ashanti K. J.New York City Family Court · 1990