NYC Settles After Taking Baby From Mother Simply For Using Marijuana
New York City is taking steps to address the distressing ordeal faced by a mother who was subjected to unwarranted separation from her child. The city’s child welfare agency has reached a settlement agreement totaling $75,000 with Chanetto Rivers. This resolution comes in response to her separation from her newborn child shortly after giving birth, all due to her use of marijuana.
In August 2021, Chanetto Rivers, a resident of the Bronx, and her newborn underwent a drug test without her consent. The test returned a positive result for cannabis, leading the city’s Administration for Children’s Services (ACS) to unlawfully separate Rivers from her infant. It’s worth noting that, at the time, marijuana was legal in the state, and state law explicitly prohibited family separation based solely on marijuana use.
Despite a judge’s attempts to intervene on Rivers’ behalf, ACS persisted with the case for several months before eventually dropping the charges. Rivers has stated that her motivation for filing the lawsuit extended beyond her own experience; she sought justice for other Black families grappling with similar issues.
“I didn’t initiate this lawsuit solely for my benefit but for every Black family torn apart by ACS,” Rivers asserted. “They are well aware of their wrongdoing, and they are now on notice.”
Rivers had informed doctors and nurses in the maternity ward that she had used marijuana just hours before giving birth to her third child. However, her lawyers revealed that 48 hours later, ACS instructed the hospital not to release the baby to her. It took nearly a week and numerous court appearances before a judge finally granted Rivers custody of her son.
Furthermore, Rivers was subjected to parenting and anger management classes, in addition to further drug testing. ACS caseworkers also made unannounced visits to her home at various times throughout the day.
Rivers’ legal team asserts that she was targeted because of her race, highlighting ACS’s history of racial discrimination against marginalized families.
“We are pleased that Ms. Rivers was able to shine a light on ACS’s reprehensible record of racial discrimination against vulnerable families,” stated Niji Jain, lead counsel for the case and director of the Impact Litigation Practice, according to The Imprint. “ACS continued to rely on outdated and biased stereotypes about Black parents.”
In response to such incidents, NYC’s Health + Hospitals has taken measures to eliminate drug testing for new and expectant mothers in public hospitals. This practice often led to newborns being placed in foster care, resulting in separation from their mothers during a critical stage in their early lives. Presently, the city’s 11 public hospitals require written and detailed consent for toxicology testing during pregnancy.
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