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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Neglect: Matter of Tyler J.

Fourth Department — Neglect: Matter of Tyler J.

Appellate Division, Fourth Department

Neglect

Intoxication — Prima Facie Case

Matter of Tyler J.
CAF 13-00181
Appealed from Family Court, Steuben County

Background: The petitioner appealed from an order granting the respondents’ motion to dismiss the neglect petition at the close of the petitioner’s case. The petitioner Department of Social Services alleged that the children were neglected based upon the misuse of alcohol by the respondent mother.

Ruling:  The Appellate Division reversed. The court held that the petitioner established a prima facie case of neglect based on the evidence that the mother repeatedly misuse alcoholic beverages to the extent that it has or would ordinarily have the effect of producing in the user a substantial state of intoxication. Specifically, the court found that the 16-year-old son testified that his mother drinks beer nearly every day and for most of the day. Further, a caseworker testified that the younger son told her that the mother starts drinking before he goes to school and is still drinking when he goes to bed.

Ruth A. Chafee for the petitioner-appellant; Travis J. Barry of Hunt & Baker for the respondents-respondents; Andrew Roby, attorney for the children