The highest court in New Jersey early this week said a lower court made a mistake of punishing a mother for having her unborn baby exposed to a drug made to treat her painkiller addiction.
The case involved a mother involved with a long history of drug problems. Following the advice of doctors, she sought treatment to combat painkiller abuse weeks after she found out she was pregnant. As part of her treatment regimen, she took dosages of methadone, an opiate, daily. NJ officials filed a complaint against her after her baby showcased symptoms methadone withdrawal.
In the previous year, the Court of Appeals allowed the mother to gain custody of the baby, but through the care of the state, maintaining the findings of abuse and neglect by the court.
Overturning the Court of Appeals, the justices ended with a 6-0 opinion saying the withdrawal symptoms of the baby wasn’t solid enough to be evidence.
A representative for the NJ Department of Children and Families said the agency agreed with the court’s analysis but will look into finding other evidence related to the case.
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