In re Smith

OPINION OF THE COURT

Raymond E. Cornelius, J.

This proceeding, commenced pursuant to Family Court Act article 10, presents the question, which has heretofore been undecided by the courts of this State, whether or not a finding that a child is a “neglected child” may be predicated solely upon prenatal conduct by the mother. “Child” is defined as “any person or persons alleged to have been abused or neglected” (Family Ct Act § 1012 [b]). Under the facts of this case, it is further necessary to determine whether or not an unborn child may be considered a person, in order to receive the protection…