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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Can a mother be charged to her baby at birth with multiple

Customer Question

Can a mother be charged for cruelty to her baby at birth with multiple disabilities if she texted positive to metb and pot?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the current laws, if a mother is drug tested at birth and/or the baby is tested and they test positive for any illegal controlled dangerous substance the child shall be removed from the mother's custody and the mother could indeed be charged with abuse, which would be dependent on the district attorney who makes all final decisions.

Customer: replied 1 year ago.
Is this in all 50 states. I'm in Georgia
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It is in every state for all substances except marijuana. In some states, like CA or MA or RI, marijuana does not trigger any action. However, in every state any other controlled dangerous substance is not only deemed child abuse it is basis to remove the child and potentially terminate parental rights.

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