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

Advertisements

About vinhsu

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.
This entry was posted in Criminal Law, New Jersey and tagged , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s