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I smoked marijuana fairly regularly while pregnant. The

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hospital did a routine drug...
I smoked marijuana fairly regularly while pregnant. The hospital did a routine drug screen on me when I was there to have my son. It came back positive for cannibis. Now dyfs is involved. They're going to test the baby's urine and merconium, which will show cannibis. A dyfs worker came to see my husband and I at the hospital the day our son was born. Neither one of us has a criminal past or any issues with the law. We both work full time jobs and keep a clean house. Should I be worried that dyfs is going to take my baby? Is this considered child abuse?
Submitted: 10 months ago.Category: Family Law
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9/29/2017
Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation.

The name of the case is NJ Div. of Youth & Fam. Svcs. v. A.L. (A-28, September Term 2011, 068542). You can read more about that case here: https://verdict.justia.com/2013/02/19/in-utero-the-new-jersey-supreme-court-says-prenatal-drug-exposure-is-not-sufficient-evidence-of-child-abuse

This case held that DYFS cannot automatically take custody of a newborn child from its mother due to evidence the mother used drugs during pregnancy. Without expert evidence that the child has been harmed or is in imminent danger or at substantial risk of harm, the Division of Youth and Family Services (DYFS), n/k/a the Division of Child Protection and Permanency (DCPP) cannot enter a finding of abuse and neglect under Title 9.

So, without any other evidence of harm to a child, DCPP cannot remove the child from your custody. That being said, it will be the start of an investigation, and it would be best to have a lawyer represent you if possible. That being said, you need to contact an attorney in your area that deals with DCPP defense cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

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Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Did you have any other questions before you rate this answer?

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Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Family Lawyer: ScottyMacEsq, Lawyer replied 10 months ago

Did you have any other questions before you rate this answer?

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