Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.

OPINION OF THE COURT

Smith, J.

The issue before this Court is whether a finding of neglect as to a newborn and the newborn’s older sibling may be based solely on the newborn’s positive toxicology for a controlled substance. We conclude that more than a positive toxicology is generally required for a neglect determination. We affirm in this case because, as the Appellate Division concluded, there is additional evidence in the record supporting the Family Court’s findings of neglect.

Appellant gave birth to her son Dante in November 1990. Both mother and son tested positive for cocaine. After…