Matter Of Stefanel Tyesha C.

556 N.Y.S.2d 280 (1990)

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Nature of the Case

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Facts

Two cases seem to have been consolidated. The facts of each seem to be very similar. Mothers used drugs while bearing their children. At birth, the children tested positive for cocaine. Both mothers admitted to the use of cocaine while pregnant, and one even admitted to smoking marijuana in a daily basis while pregnant. Both were or had been involved in drug rehab programs. Neglect proceedings were instituted against both mothers. The mothers then moved to dismiss the petitions as they claimed they failed to state causes of action in that 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 rehab programs. This appeal resulted.