Judge Alfonso requests clarity on child custody statute regarding drug-positive newborns

June 21, 2025 | Harrison County, Mississippi


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Judge Alfonso requests clarity on child custody statute regarding drug-positive newborns
A critical legal opinion regarding child custody laws took center stage at the Harrison County Blue Ribbon Committee meeting on June 20, 2025. Judge Alfonso highlighted the urgent need for clarity on a specific statute that has led to confusion among youth court judges.

The discussion centered on the interpretation of laws concerning newborns testing positive for drugs. Judge Alfonso pointed out that some judges believe that if a baby is born with marijuana in its system, it prevents authorities from taking the child into custody. This interpretation raises significant concerns, especially when it comes to more dangerous substances like methamphetamine, cocaine, and unprescribed fentanyl.

Judge Alfonso emphasized the importance of receiving a definitive legal opinion from the attorney general, which he requested a month ago. He expressed hope that this opinion would clarify that the statute should not hinder the custody of children born with these harmful substances in their systems. The committee awaits this crucial response, which could impact the safety and welfare of vulnerable infants in Harrison County.

As the meeting concluded, the urgency of this legal clarification was palpable, with committee members eager for a resolution that could better protect children in precarious situations.

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