In Re: Stephanie
A minor child who is allowed to live under circumstances or conditions injurious to her well-being can qualify as neglected. On March 19, 2012, the minor child, 8, allegedly went to her mother's bedroom and went to sleep, while her mother partied in the apartment. In the middle of the night, the minor child allegedly woke up to find that her underpants were down and her mother's boyfriend was touching her bottom. The minor child screamed. The mother responded and took the minor child to another room. The mother's boyfriend left. The following day, the mother, who allegedly had taken prescription drugs, drunk beer and smoked marijuana, did not recall the incident. The minor child told her teacher. School officials contacted the Department of Children and Families, which invoked a 96-hour hold. The department obtained an order of temporary custody and alleged that the minor child was neglected. The mother completed a parenting class and allegedly admitted during counseling that she was a drug addict and an alcoholic. During visitation, the mother allegedly asked the minor child not to tell the truth, so that the minor child could return to the mother's care. The mother's friends testified that they were concerned that the mother allegedly drove intoxicated, with the minor child in the motor vehicle, and they sometimes took the mother's keys away. The minor child received counseling. The court found, by a fair preponderance of the evidence, that the minor child was allowed to live under circumstances or conditions injurious to her well-being and was neglected. The court expressed concern about the mother's alleged use of pain medicine, prescription drugs, marijuana, cocaine and alcohol and that the mother allegedly drove while intoxicated. The court did not credit the mother's testimony that she refrained from use of alcohol or drugs since the department became involved. Allegedly, the mother recently tested positive for use of marijuana and cocaine. The court found it is in the best interests of the minor child that the minor child be committed to the Department of Children and Families, until the mother complies with particular steps.