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State Can?t Take Child Into Protective Custody Based Solely on Speculation about Potential Harm to the Child

By Janet Langjahr

Father is arrested for possession of illegal drugs.

Nebraska trial court orders Son taken into protective custody based on that and nothing more, concluding that Father might be tried, convicted and incarcerated.

But Father is not prosecuted.

Father appeals.

The appellate court reverses, holding that the state cannot remove a child from its parent’s custody just because the parent possesses an illegal drug, without demonstrating actual harm to the child.

The trial court ruled improperly based entirely on speculation.

Read more in this Nebraska TV ABC news article: Neb. court limits state’s power on child custody.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on May 13, 2010 (boomark / email).