Judge Ann O'Shea
The Administration for Children's Services (ACS) commenced an action alleging the subject child, William, was neglected by his mother and father as a result of their use of marijuana while mother was pregnant. In a case of apparent first impression the court questioned whether a finding of neglect entered on consent in one case constituted proof of abuse or neglect to be used as evidence to support a finding of neglect of a different child in a subsequent case. It stated there was a clear distinction between a consent finding of abuse or neglect, and an admission of conduct constituting abuse or neglect. The court noted there were no decisions analogizing a consent to a finding of abuse or neglect to a nolo contendere plea in a criminal case, but found the two were substantively identical. Thus, it ruled a respondent who consented to a finding of abuse or neglect, neither admitted nor denied they committed the alleged wrongful acts. As such, the court concluded mother's consent to a finding of neglect based on her misuse of marijuana in her daughter Akasha's case was inadmissible as evidence of neglect in William's case. Further, the court found ACS failed to prove, by a preponderance of the evidence, that either mother or father neglected William, dismissing the petition.
