New Jersey Civil Child Abuse Laws Do Not Authorize State Jurisdiction Over Pregnant Women; Drug Tests Are Not Predictors of Parenting Ability
For Immediate Release
Contact: Lynn Paltrow 212-255-9252; lmp@advocatesforpregnantwomen.org
February 6, 2013
Today, in a major victory for New Jersey’s pregnant women and families, the New Jersey Supreme Court announced a unanimous opinion in New Jersey Division of Youth & Family Services v. A.L. recognizing that the state’s child protection laws do not give the Division of Child Protection and Permanency jurisdiction or control over pregnant women and that positive drug tests on pregnant women and newborns do not alone establish neglect. The court also acknowledgd the concerns of leading medical and public health organizations that application of child protection laws to the context of pregnancy can undermine maternal, fetal, and child health.