N.J. Court: Cocaine In Newborn’s System Does Not Equal Neglect | newsworks.org | Zack Seward | 2/7/13

First Floor at the Statute of John Marshall, q...

First Floor at the Statute of John Marshall, quotation from Marbury v. Madison (written by Marshall) engraved into the wall. United States Supreme Court Building. (Photo credit: Wikipedia)

New Jersey’s Supreme Court has ruled that a Cape May County woman did not neglect her newborn baby who was born with cocaine in his system in 2007. The ruling overturned a finding of neglect by a lower court

Writing for a unanimous court, Chief Justice Stuart Rabner said the state’s Division of Youth and Family Services failed to provide evidence of actual or imminent harm to the baby.

Since state law does not extend to a fetus, it’s the condition of the child after birth that matters in court, Rabner wrote.

For full article see: http://www.newsworks.org/index.php/local/item/50689


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Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
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