ANOTHER case successful -- mj use is NOT child neglect!

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Eljay
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ANOTHER case successful -- mj use is NOT child neglect!

Postby Eljay » Fri Dec 07, 2012 11:56 am

That is two this year in CA! Now if we can get CPS agencies to follow the precedent/law and get the hell out of people's lives....

http://www.sfgate.com/news/article/Cour ... 098332.php

Bob Egelko
Updated 10:55 p.m., Thursday, December 6, 2012


Parents who abuse drugs can lose custody of their children. But a parent who uses marijuana for medical reasons, with a doctor's approval, isn't necessarily a drug abuser, says a state appeals court.

In a 3-0 ruling Wednesday, the Second District Court of Appeal in Los Angeles rejected findings by a local child-protective agency that a man who smoked pot four or five times a week for arthritis pain, outside the presence of his infant son, was endangering the child.

There is "no evidence that (the) father has a substance abuse problem," the court said. "The record shows that Drake (the child) was well cared for. ... There was no evidence showing that Drake was exposed to marijuana, drug paraphernalia or even secondhand marijuana smoke."

The father, identified as Paul M., has kept custody of the now 2-year-old child because the mother has suffered from drug abuse and mental illness, the court said. The ruling reversed a judge's orders placing Paul M. under the child-protective agency's supervision and requiring him to take parenting courses and drug counseling and undergo random drug testing.

The ruling illustrates "a growing recognition (of) the legitimate use of medical marijuana in this state and other states," Lauren Johnson, the father's lawyer, said Thursday. "We want kids to be safe, but we also want people to get their medicine ... as long as children aren't at risk of harm."

Lawyers for Los Angeles County were unavailable for comment. The county could appeal to the state Supreme Court.

A county social worker first visited the family in May 2011, when Drake was 9 months old. Paul M. described his marijuana use and the measures he took to protect the child, assigning his adult daughter to watch Drake while the father smoked in the garage.

He testified in court that he waited at least four hours after using marijuana before leaving his job as a concrete mason to pick up Drake from day care. He also said he never drove under the influence of marijuana.

The county agency found that Drake was healthy, but said in a court filing that the father's marijuana use made him "incapable of providing regular care and supervision of the child." A county lawyer called "ridiculous" Paul M.'s statement that he was not under the influence of the drug while driving his car or taking care of his son.

But in overturning a Superior Court ruling against the father, the appeals court said the "mere usage of drugs," including marijuana, is not the same as drug abuse that can affect child custody.

Drug abuse, the court said, must either be diagnosed by a doctor or show up in a person's behavior, such as absences or poor performance at work or at school, driving under the influence, or "recurrent social or interpersonal problems." None of that happened in this case, the court said.

Bob Egelko is a San Francisco Chronicle staff writer. E-mail: [email protected]


Read more: http://www.sfgate.com/crime/article/Cou ... z2EOj5QmKm
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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monkette31
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Re: ANOTHER case successful -- mj use is NOT child neglect!

Postby monkette31 » Sat Dec 08, 2012 2:30 am

I was reading about the Americans with Disabilitis Act, 1990, tonight. I found it interesting that they consider drug addiction a disability ONLY if they have completed a supervised rehab program or are currently participating in one. Those who are currently using are not covered NOR are anyone who has admitted to casual drug use.

Should be interesting, now Washington state can smoke pot, Colorado, California. When I was in Chicago someone said anything under an ounce is a misdemeanor and they just ticket you. I have a friend who said in the 60's people were sent away for very long and hard time over pot possession. :oops:
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

jessicaakabambam
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Re: ANOTHER case successful -- mj use is NOT child neglect!

Postby jessicaakabambam » Wed Jul 31, 2013 7:14 am

Brief description of your legal issue:
> i left my youang girls with someone .my mistake. the police kicked in my door put kids in foster care. im an excellent mother and i feel and i know im right. my kids are suffering in so many ways as a mother i would never do.i need someone to help me please i promise you will not be disappointed because i am a mother that this shouldnt have happened.

I have court today and im scared because i have not taken any uas and i barely make it to those stupid classes of relapse prevention. im so broke now i had lost my apt. been hospitalized 2 times i almost died. my kids father was abusive i had rights terminated, he may get back,his parent gets more rights than my parents. i was closed successfully in pueblo 4-6weeks prioir to moving to coloradosprings. i hate this im really great parent and these assholes are messing with my kids development and it sucks. all i do is smoked a little pot never around them someone please help me i guarantee im no bullshit parent and i wll give more detail if wanted im scared ill never win in one month they will adopt out due to ages of girls. now not having girls life just gets worse homeless aaaaggghhhh. 7192171372 or [email protected]

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LindaJM
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Re: ANOTHER case successful -- mj use is NOT child neglect!

Postby LindaJM » Wed Jul 31, 2013 7:25 pm

What happened in court? And how long have your children been in foster care?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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