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Maxine Reynolds1 is a poor white woman who was prosecuted for fetal assault in rural northeast Tennessee after her umbilical cord tested positive for opiates. Ms. Reynolds was arrested, and the judge who took a first look at her case set her bail at $25,000, which meant that if she could not come up with 10 percent of that amount, she had to remain in jail while her case was pending. The charging document in her case makes clear that the Department of Children’s Services (DCS) opened a case about Ms. Reynolds’ infant, and it is likely that, by the time she was arrested, DCS had already taken custody of her child. Without going too deep into the details of child welfare, there are a few rules in that system that likely played a role.
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