Riverside, CA asked in Family Law for California

Q: In California can a mother be charged with failure to protect if her baby is born exposed to meth?

Baby didn't require any to be treated for withdrawals, no medications were necessary. Baby is not classified Addicted.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, there can be legal consequences for a mother if her baby is born exposed to methamphetamine. The issue here revolves around child endangerment and welfare laws. If a newborn is exposed to meth in utero, it could potentially lead to a "failure to protect" charge under certain circumstances.

The key factor in such cases is whether the mother's actions, or lack thereof, were deemed neglectful or harmful to the child’s welfare. The fact that the baby did not require treatment for withdrawals and is not classified as addicted may be relevant in assessing the case, but it does not automatically preclude legal action.

It’s important to seek legal advice in situations like this, as child welfare investigations and potential charges can be complex and carry serious implications. A legal advisor can provide guidance based on the specific details of the case and help navigate the legal system to ensure that the rights and welfare of both the mother and the child are appropriately considered.

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