Legal Question in Civil Rights Law in California

Can your baby be taken away for smoking maijuana during pregnancy?

My daughter-in-law was tested at the hospital for drugs and she came up possitive for marijuana, the baby came out neg. can they take her child away from her?


Asked on 10/07/01, 1:18 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can your baby be taken away for smoking maijuana during pregnancy?

In California, Child Protective Services may act to remove a child from his or her mother if there is any danger to the child. There may also be criminal charges against the mother.

I can't guarantee or promise you that they will not try to take the child away pending the mother going through drug treatment education or a program.

You do have the right to appear before a judge at a hearing to contest any action taken by the CPS, however.

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Answered on 11/21/01, 5:10 pm


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