Monday, January 19, 2015

NJ Justices say Methadone Treatment While Pregnant Not Child Abuse


On December 22, 2014, the New Jersey Supreme Court ruled that going through a methadone treatment program while pregnant, even when the newborn suffers from withdrawal symptoms, does not constitute child abuse.

The unanimous court overruled two lower court decisions that looked only at the harm to the child without considering whether the mother's actions were reasonable.  The court wrote: "We hold that, absent exceptional circumstances, a finding of abuse or neglect cannot be sustained based solely on a newborn's enduring methadone withdrawal following a mother's timely participation in a bona fide treatment program prescribed by a licensed health care professional to whom she has made full disclosure," 

You can find a full copy of the opinion HERE.

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