Opinion
July 5, 1994
Appeal from the Family Court, Nassau County (DeMaro, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
The record reveals that there was sufficient proof adduced to support the determination that the defendant's children were neglected within the meaning of Family Court Act article 10. Specifically, Family Court Act § 1012 (f) (i) (B) defines a neglected child to include one "whose physical * * * condition has been impaired or is in imminent danger of becoming impaired" by the failure of a parent to exercise a minimum degree of care "by misusing a drug or drugs". At the fact-finding hearing the court received into evidence positive cocaine toxicology reports, taken at the time of the younger child's birth, on both the mother and the newborn child. In addition, the infant's medical records revealed that an extended post-birth stay in the hospital was necessitated due to the child's low birth weight. There was also unrebutted testimony from a Department of Social Services caseworker that the mother had admitted to a past history of drug abuse, as a result of which, she had placed two of her older children in the guardianship of her mother.
Under these circumstances, the petitioner established, by a preponderance of the evidence, that the children in question were neglected. The Family Court appropriately directed that the mother be placed under the supervision of the Nassau County Department of Social Services for a one-year period (see, Matter of Nassau County Dept. of Social Servs. [Miranda H.] v. Laquetta H., 191 A.D.2d 567; Matter of Stefanel Tyesha C., 157 A.D.2d 322; Matter of Theresa J. v. Patricia J., 158 A.D.2d 364; Matter of Department of Social Servs. [Mark S.] v. Felicia B., 144 Misc.2d 169).
We have considered the mother's remaining contentions and find them to be without merit. Bracken, J.P., Lawrence, Joy and Goldstein, JJ., concur.