State Supreme Court to Decide Newborn Illegal Drug Case
New Jersey’s highest court will decide if a mother can be charged with neglect if her newborn tests positive for illegal drugs.
The Supreme Court heard arguments Monday in the case. It involves a woman charged with neglect in 2007 after her newborn’s stool tested positive for the presence of cocaine.
A lawyer for the state Division of Children and Families told the justices that using illegal drugs while pregnant is reckless and shows disregard for safety.
The woman’s attorney emphasized tests did not show the level of cocaine in the infant’s system. As a result, the attorney said there was no way to prove that the baby was imperiled or suffered adverse effects.
(Copyright 2012 by The Associated Press. All Rights Reserved.)