The state cannot take children away from a mother who tests positive for marijuana use without evidence that shows her drug use endangers the children, the Oregon Court of Appeals has ruled.
In a decision issued today, the court reversed a Marion County juvenile court ruling that the state Department of Human Services had jurisdiction over two children, a 19-month-old and a 6-month old. The state had argued that the mother's marijuana use "presented a reasonable likelihood of harm to her two children."
But the appeals court agreed with the mother's argument that the state failed to provide any evidence connecting her behavior with risk to the children.
The children and the mother are identified only by their initials in the case.
The state first became involved with the children in October 2009 when it received a report that a man was selling methamphetamine at the family's home.
DHS workers visited the home and met the father, who appeared to be "under the influence of a controlled substance." The agency later learned that the father was a registered sex offender. The mother arrived home later and denied using drugs.
more Oregon Court of Appeals rules mother who tested positive for marijuana shouldn't lose kids | OregonLive.com
In a decision issued today, the court reversed a Marion County juvenile court ruling that the state Department of Human Services had jurisdiction over two children, a 19-month-old and a 6-month old. The state had argued that the mother's marijuana use "presented a reasonable likelihood of harm to her two children."
But the appeals court agreed with the mother's argument that the state failed to provide any evidence connecting her behavior with risk to the children.
The children and the mother are identified only by their initials in the case.
The state first became involved with the children in October 2009 when it received a report that a man was selling methamphetamine at the family's home.
DHS workers visited the home and met the father, who appeared to be "under the influence of a controlled substance." The agency later learned that the father was a registered sex offender. The mother arrived home later and denied using drugs.
more Oregon Court of Appeals rules mother who tested positive for marijuana shouldn't lose kids | OregonLive.com