New Jersey Department of Children & Families v. A.L.

This is a case of statutory interpretation. The question presented is whether a court can find “abuse” or “neglect” of a child under Title 9 if an expectant mother uses drugs during pregnancy but there is no evidence of actual harm when the baby is born. To determine the answer, we do not start with a clean slate. Instead, we interpret a comprehensive legislative scheme relating to child welfare and look to the language of the relevant statutes.

“Abuse” and “neglect” are carefully defined in the law. N.J.S.A. 9:6-8.21(e). The statute in question addresses harm to a child, not a fetus. If an…