September 9th 2023.
Chanetto Rivers of the Bronx recently reached a settlement with New York City's child welfare agency after being unlawfully separated from her newborn son in August 2021. The agency had drug tested the baby without Rivers' consent and acted upon the results, despite marijuana being legal in the state at the time.
Rivers was subjected to parenting and anger management classes, drug tests, and surprise visits from caseworkers before finally being granted custody of her son - nearly a week after his birth. It's believed that Rivers was targeted by the agency due to her race, a claim which was backed up by the lead counsel and director of the Impact Litigation Practice, Niji Jain.
In response to the settlement, Rivers expressed that she had brought the lawsuit not only for herself, but for all Black families who have been subjected to the same treatment. She also expressed hope that the agency was now "on notice" and would not continue to rely on outdated racist stereotypes.
The settlement is a victory in a broader effort to end drug testing of new and expecting mothers in public hospitals, which can lead to newborns being placed in foster care and separated from their mothers. New York City's public hospitals now require written consent for toxicology testing during pregnancy.
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