Newborns are becoming victims of legalized marijuana use


The Administration for Kids’s Companies has engaged in “pervasive discriminatory practices,” based on a lawsuit filed by Chanetto Rivers in federal court docket final week.

Rivers, who’s black, claims that the Administration for Kids’s Companies (ACS) eliminated her new child child from her custody as a part of the company’s “disparate remedy of Black households” which “trigger[s] lasting, intergenerational trauma.”

Whether or not or not ACS is racist, Chanetto Rivers just isn’t take a look at case. 

The information are clear: A couple of hours earlier than Rivers gave delivery in 2021, she smoked marijuana.

When her little one was born, each she and the newborn examined constructive for the drug.

With marijuana now (after which) authorized in New York State, such findings are not purpose sufficient to separate kids from their mother and father.

Nonetheless, ACS advised the hospital to not launch the newborn to Rivers. 

The precise constructive take a look at was hardly the one issue.

Rivers had two different kids beforehand faraway from her custody due to incidents involving medication and alcohol and since she did not acquire medical look after one in every of them. (ACS additionally claims she was smoking weed within the hospital proper after the delivery, although this has not been substantiated.)


As using marijuana becomes legal in more and more states, laws around how it may impact children and child-rearing have yet to catch up.
As utilizing marijuana turns into authorized in increasingly states, legal guidelines round the way it could impression kids and child-rearing have but to catch up.
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As a result of ACS can’t focus on Rivers’ circumstances, the small print stay unclear.

What is obvious is that Rivers had nonetheless not been reunified with the opposite kids when she gave delivery.

However Rivers isn’t suing over these earlier removals, presumably as a result of their particulars wouldn’t bolster her case.

Substance abuse and caring for babies are not often mixture; it’s exhausting sufficient to take action while you’re completely sober.

Possibly racism is to not blame for all of this mom’s issues in any case.


New York's child-services system may not, by law, remove kids from parents who consume marijuana — but is this policy actually what's best for children and families?
New York’s child-services system could not, by regulation, take away youngsters from mother and father who devour marijuana — however is that this coverage truly what’s finest for kids and households?

As extra states legalize drug use, little one welfare companies are having a tougher time detecting when such utilization places kids in hurt’s approach — and intervening when essential.

Police departments are additionally investigating far fewer studies of drug use, making it that a lot tougher to determine at-risk youngsters.

Even once they do, progressive social service agendas do little to carry these mother and father accountable.

Accountability doesn’t must imply eradicating kids — court-mandated dependancy remedy is an possibility as nicely.

This sort of intervention may save kids from future abuse and neglect.

There’s a sturdy hyperlink between moms utilizing medication whereas pregnant and the following maltreatment of their kids.

In line with a 2018 research of over half one million infants born in California in 2006, “61.2% of these recognized [with substance exposure] have been reported to [child protective services] earlier than age 1 and almost one third (29.9%) have been positioned in foster care.”

We don’t settle for folks driving a automobile or working heavy equipment once they’re excessive — so why ought to we consider they’re able to supervising babies — not to mention caring for newborns — after smoking pot?

The concept that mother and father needs to be held accountable for his or her drug use appears international to Rivers and the Bronx Defenders (a professional bono advocacy group representing her).

It additionally seems international to The New York Occasions, which first reported this story and took at face worth her attorneys’ declare that there isn’t any connection between Rivers’ earlier ACS circumstances and her present circumstances.


The current case in federal court suggests racism was the motivating factor in removing Chanetto Rivers' child from her care, even though her two other children had also been taken from her following accusations of neglect and drug use.
The present case in federal court docket suggests racism was the motivating consider eradicating Chanetto Rivers’ little one from her care, regardless that her two different kids had additionally been taken from her following accusations of neglect and drug use.
AFP through Getty Photographs

Reasonably, Rivers is positioned as one other sufferer of racism, as an alternative of an grownup able to making selections for herself and her kids.

What would possess a girl with two youngsters within the foster care system to smoke weed whereas 9 months pregnant?  

As proof of this racism, the lawsuit cites disparate charges of investigations and removals of black kids into foster care — with out ever noting that black kids are 3 times as more likely to die from maltreatment as their white friends.

So it might make sense that they’re reported and investigated extra often. 

A paper earlier this 12 months from the journal Baby Maltreatment regarded on the disparities in dangers to kids as measured by elements like little one poverty and toddler mortality.


Society does not permit folks to drive cars or operate potentially dangerous machinery while under the influence of marijuana — but what about caring for newborns, which requires immense attention even under the most ideal circumstances.
Society doesn’t allow people to drive automobiles or function probably harmful equipment whereas beneath the affect of marijuana.
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Black kids had a lot larger threat ranges (greater than twice as excessive for toddler mortality, for example).

They then in contrast disparities in these threat elements to disparities in reporting suspected abuse or neglect circumstances to CPS.

The authors conclude: “Obtainable knowledge present no proof that Black kids have been over-reported relative to noticed dangers and harms mirrored in non-CPS knowledge.” 

The Bronx Defenders additionally level in Rivers’ lawsuit to a current report which surveyed 50 ACS employees of colour in an company with hundreds of staff concerning the existence of structural racism within the system.

The authors discovered that almost all volunteers who wished to take part — all have been minorities, and no white folks have been allowed — mentioned the company was structurally racist. (Discuss main the science!) 

In fact, it’s completely doable that particular person caseworkers are racist or that their private biases are influencing their selections.

However the proof offered by Rivers and her attorneys is hardly convincing.