Freundlich

Suffolk County Department of Social Services (DSS) alleged mother Nancy neglected the subject child, Justus, by placing him at risk of physical, mental and emotional harm. It was alleged Nancy consumed alcohol to the point of intoxication and drove with Justus in the car, as well as used illegal drugs during her pregnancy with Justus. DSS also alleged Nancy engaged in criminal activity, engaging in a sexual relationship with an inmate while she was employed as a correction’s officer, resulting in her arrest, and potential incarceration. The court found DSS met its burden of demonstrating that Nancy neglected Justus by placing him at risk of physical, mental and emotional harm by exposing him to drugs while in utero, and driving while intoxicated with Justus in the car, including driving on the wrong side of the street against traffic. It stated Nancy’s failure to exercise a statutorily required minimum degree of care in her parental actions created an imminent danger to Justus. The court concluded that “so egregious is the nature of Nancy G.’s criminal acts,” that it was left with ample grounds to adjudicate Justus neglected within the full meaning of the Family Court Act.