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Monday, December 26, 2011

positive drug result not always neglect for DFYS V.T., G.G. AND R.S.

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES.           V.T., G.G. AND R.S. 

A-2571-10T4

     R.S. appeals the finding that he neglected his eleven-year- old daughter by testing positive for drugs at two supervised visits.  The Division of Youth and Family Services acknowledges that he behaved properly at both visits.  We hold that under these circumstances, the positive test results in themselves are not sufficient evidence of abuse or neglect.  12-21-11