Judge says marijuana in home not sufficient evidence to prove neglect of child

Albany CPS and Family Court Examiner
Daniel Weaver, state of New York

October 28th, 2010 9:01 am ET
Judge says marijuana in home not sufficient evidence to prove neglect of child

In the Matter of Isaiah D., Bronx County Family Court Judge, Jeanette Ruiz, has ruled that the presence of marijuana in a house is not sufficient evidence alone to prove a prima facie case of child neglect.

New York City Children's Services had brought a petition of neglect against Isaiah's mother and father, after police found marijuana in their apartment. The mother agreed to an ACOD, while the father decided to fight the petition in court.

According to Judge Ruiz, Children's Services "presented no evidence the marijuana seized in the home belonged to R[espondent] F[ather] or that he was even aware there was marijuana in the bathroom cabinet. The only evidence Petitioner presented was that both parents were arrested at the time the drugs were seized in the home."

Judge Ruiz stated that Children's Services only established the possibility of danger to the child--the child was not in imminent danger, the standard required for proving neglect.  FULL STORY

I am no fan of maryjowanny, but having been a teenager in the '60's and seen lots of pot smokers, there's no way that pot smokers endanger their kids.  On the other hand, I am highly aware that CPS destroys every life they touch- especially the children.