In re Jonathan W.

—Order unanimously reversed on the law without costs, petition granted and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: Petitioner filed a petition alleging that respondent had neglected his girlfriend’s three children, one of whom was his biological son, by using alcohol and drugs in their presence. The proceeding was adjourned in con*1175templation of dismissal (ACD), and an order was entered in August 1996 setting forth the terms and conditions by which respondent was to abide, which included engaging in substance abuse…