Is Marijuana Usage Grounds For Child Protective Services
But in a statement, the Department of Children and Families said it "believes every case is unique and our social workers demand the power to consider every cistron when making critically important decisions almost a kid's well-existence.
"Restrictions that could limit a social worker's ability to consider any substances, including marijuana, as a factor for child custody are troubling, especially given the unprecedented fasten in DCF cases fueled by the opioid epidemic," the statement, from spokeswoman Andrea Grossman, said.
DCF is overseen by Governor Charlie Baker, who opposes legalization.
Some outside specialists say the provision could make it harder to support an accusation of abuse or neglect when the parent has been using marijuana, as compared with alcohol. That's considering there is no comparable language in country police about booze.
The 98 words in question are included in a more than than 8,000-give-and-take ballot initiative, which was written by supporters of the pro-marijuana Yes on iv campaign.
A spokesman for the grouping, Jim Borghesani, said it comes in response to cases in Colorado, where voters legalized marijuana in 2012 and recreational stores have been selling the drug since 2014. Parents in that country, he said in an electronic mail, "in full compliance with the police, had their marijuana use/activeness used against them in kid custody actions."
Colorado's legalization measure out did not have such language, and Laura Morsch-Babu, a spokeswoman for the Colorado Department of Human being Services, said the criteria that dictate an intervention from child welfare personnel in the country remain the aforementioned.
Decisions nigh child welfare are based on many factors, she said. Regardless of the legality of a substance, the factor determining involvement of child welfare officials "is the impact that substance has on the parents' power to provide care and supervision to their kid."
Oregon, ane of the other legalization states, did not modify its laws regarding kid corruption and neglect, either — and child welfare workers treat the utilize of marijuana the same equally any other legal intoxicant, according to Department of Human Services spokesman Factor Evans.
"For us, the fact that a parent uses marijuana and has children is non the effect," he said. "The effect is whether utilize impacts parenting, decision-making, reaction time, and all the other skills needed to safely parent a child."
Nether Massachusetts law, reports of child corruption or neglect are investigated by DCF. Social workers evaluate the child'south household, including the parents and home environment, and brand a determination about prophylactic and whether the suspected child abuse or neglect is substantiated.
Massachusetts courts' view of parental substance use — whether legal alcohol or illegal drugs — has been broad, rather than specific. To human activity, taking away a child for instance, requires a connection between the substance use and parenting capacity. A gauge must notice "current parental unfitness." So occasional recreational use lone may non be seen as a critical safe issue that prompts action.
Maria Mossaides, the country'southward independent kid advocate, said she doesn't meet the provision in the legalization initiative changing current practice. "Every utilise of a substance — legal, illegal, prescription — is going to be taken into account looking at parental capacity," she said. "That won't change."
Elizabeth Bartholet, a Harvard Constabulary School professor, said she believes the department of the proposed law is comparable to the current standard in child welfare and she said she has no concerns almost it.
Still, said Bartholet, a child welfare practiced, "it does reduce the likelihood that utilize and fifty-fifty abuse of marijuana would count in and of itself as grounds for state intervention to protect children."
Sanford N. Katz, a professor of police emeritus at Boston College Law School, said he doesn't think the kid welfare paragraph in the ballot mensurate has "whatsoever identify in the law."
"Let some activity occur and let it become before a judge to determine whether the impact has been negative" he said. "It'due south and so case-by-case! For example, if you're legally growing marijuana and the child has access to it, that may exist sufficient for social service intervention."
If the measure passes, lawmakers could tinker with it. Indeed, tiptop legislative officials have already floated the general idea of making changes.
Senator William Northward. Brownsberger, a legalization supporter and co-chairman of the Legislature's judiciary committee, said he fully supports "the thrust of this provision — marijuana use should non disqualify a parent — merely the specific language may benefit from further vetting."
Michael Cutler, a Northampton lawyer who helped write the ballot question, said the measure is necessary because in that location is scourge in the country of "canna-discrimination," a portmanteau of cannabis and bigotry. The measure, he said, would level the playing field equally people become more used to seeing marijuana and alcohol as equally valid ways for adults to relax.
He said the mensurate is meant to protect parents in both DCF proceedings and in family unit court.
"The idea that people can come home and accept a couple of beers or glasses or wine and no i would even think of taking their kids away, simply someone who smokes [marijuana] when their kids go to bed — they live in fright," Cutler said. "Canna-bigotry in custody matters needs to end."
Some outside specialists sung the praises of the linguistic communication subconscious in the plebiscite.
Martin Guggenheim, a professor at New York University School of Law, said the provision "would exist a large step frontwards in equalizing the rights of rich and poor parents by eliminating what should be an irrelevant factor in prosecuting child welfare cases."
Guggenheim, a national adept on kid welfare law, said child protection is supposed to be nigh protecting kids who have already been harmed or are at imminent chance of harm.
However, he said, "Child protection statutes have been used for decades to control poor people and accept abroad their kids, using marijuana use every bit pretense — where, on the other side of town, pot would be winked at."
Question 4 would legalize the purchase, possession, and utilize of 1 ounce or less of marijuana for adults 21 and older on December. xv. Recreational stores could open up in 2018.
Joshua Miller can be reached at joshua.miller@world.com.
Is Marijuana Usage Grounds For Child Protective Services,
Source: https://www.bostonglobe.com/metro/2016/10/27/should-marijuana-use-matter-child-welfare-cases/e1nxygDVIzhle4fVqcW9iP/story.html
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