When the State Takes the Children

The New York Times has an article today about how city officials take children away from parents because of marijuana use.  Here is an excerpt:

Hundreds of New Yorkers who have been caught with small amounts of marijuana, or who have simply admitted to using it, have become ensnared in civil child neglect cases in recent years, though they did not face even the least of criminal charges, according to city records and defense lawyers. A small number of parents in these cases have even lost custody of their children.

The article explains that even if a child is not immediately removed a “neglect finding” can kill prospects for certain jobs involving kids, such as a daycare assistant, and will make it easier for judges to order a removal down the road.  Even though marijuana use is very common among whites, the neglect and removal cases are mostly brought against minorities.

When drug warriors are challenged about criminalizing marijuana use, they typically deflect the question by saying, “we’re not locking up nonviolent marijuana users.”  Well that’s only because our prisons are overflowing already and they can’t convince enough lawmakers to build enough prison space to escalate the war further.  Second, below the prison numbers a low scale war continues apace–tens of thousands of arrests and court appointments and, as this article shows, child removal proceedings.

New York should follow California’s approach to this issue–if the state can demonstrate actual harm to children from marijuana use, then a neglect case can be brought.  Reporters should ask Mayor Michael Bloomberg whether his past drug use makes him unfit to be a parent or grandparent or to be in an occupation affecting the well-being of kids.