Legal Opinion · Concurrence

In re A.L.C.M.

West Virginia Supreme Court

Decided June 9, 2017No. 16-0786Published

1Concurrence

LOUGHRY, Chief Justice,

concurring, joined by WALKER, J.:

I concur whole-heartedly in the majority’s conclusion that an- abuse and neglect petition may be properly filed based upon the presence of drugs in a newborn’s system. In my view,' there is simply no question that a pregnant mother’s drug use is child abuse of the type that must be remedied through our abuse and neglect system and prosecuted through our criminal justice system. I write separately, however, to cast a light on the *393majority’s plainly-manifested hypocrisy and result-oriented analysis in addressing precisely the same conduct…

2Cases cited6 opinions

  1. In the Matter of Baby XMichigan Court of Appeals · 1980
  2. In re Baby Boy BlackshearOhio Supreme Court · 2000
  3. In re M.M. and C.M., JuvenilesSupreme Court of Vermont · 2015
  4. In re RuizWood County Court of Common Pleas · 1986
  5. State of West Virginia v. Stephanie Elaine LoukWest Virginia Supreme Court · 2016

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