Appeal from an order of the Family Court of Broome County (Pines, J.), entered May 6, 2014, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be neglected.
Respondent is the mother of four children (born in 2001, 2004, 2005 and 2008). The record reflects that the children were removed from respondent’s care and placed in foster care in June 2013, when petitioner commenced neglect proceedings against respondent and the children’s father. In October 2013, after a fact-finding hearing on the June 2013 neglect petition, the parties stipulated to an order dismissing the proceeding against respondent, adjourning the proceeding in contemplation of dismissal against the children’s father (see Family Ct Act § 1039) and placing all four children in petitioner’s custody. In November 2013, petitioner commenced this neglect proceeding against respondent. After an April 2014 fact-finding hearing, Family Court issued an order determining that the children were neglected based upon respondent’s drug use and failure to seek and obtain substance abuse treatment. Respondent now appeals and we affirm.
Initially, we reject respondent’s claim that the evidence was
Here, Family Court took judicial notice of two prior neglect proceedings, one of which involved respondent’s drug use. The court also heard testimony from two caseworkers. One testified that respondent admitted to her that respondent used cocaine after a scheduled July 2013 drug test was positive for cocaine and oxycodone.
For her part, respondent acknowledged that she had not obtained any substance abuse treatment from the time that
Ordered that the order is affirmed, without costs.
Although there was evidence that respondent reported to the test administrator that she had a prescription for the oxycodone, no proof of such prescription was presented at the fact-finding hearing.
