Matter of Stefanel Tyesha C.,
157 A.D.2d 322, (1990)

Facts: The Commissioner of Social Services (P) filed petitions for child neglect proceedings in two cases, alleging in each case that the baby's mothers' (Ds') prenatal drug use constituted neglect under a New York statute. Ds admitted to prenatal drug use, the children were born with positive toxicologies for cocaine, and Ds were not enrolled in a drug rehabilitation program. Ds moved to dismiss the petitions for failure to state a cause of action. The family court dismissed the petitions. P appeals.

Issue: Does prenatal drug use constitute a cause of action for neglect?

Holding: Yes. Judgment reversed. The Supreme Court, Rosenberger, J., held that: (1) petitions sufficiently alleged causes of action for neglect against mothers based on mothers' admitted use of drugs during their pregnancies, children's positive toxicology for cocaine at birth, and failure of mothers to be enrolled in drug rehabilitation program at time that petitions were filed; (2) time, frequency, or dosage of drug use during pregnancy need not be specifically alleged to support neglect petition; and (3) dismissal of neglect petitions was not required on theory Family Court Act does not protect fetuses and regulation of prenatal conduct would violate mothers' rights to privacy. Reversed and remitted.

Analysis:Each petition states a cause of action for neglect based on the mother's admitted use of drugs during pregnancy, the children's positive toxicology for cocaine at birth, and the failure of the mother to be enrolled in a drug rehabilitation program. A positive toxicology for cocaine in a newborn constitutes "actual impairment" as required by the statute. The acts of Ds, if true, support a finding of being a repeated drug user as required by the statute. The allegations, if true, are sufficient to satisfy the causal connection between Ds' conduct and the harm to the children. A women's privacy right is not violated by a finding of neglect because of prenatal drug use. The petition seeks to find neglect for newborn babies, not fetuses. Roe v. Wade concerns the right to terminate an unwanted pregnancy. Therefore, the court held the dismissal of the neglect petitions was improper.