New York Court of Appeals November 30, 1995 (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.