Joseph C. Noto, a Bergen  County  divorce lawyer, wants a mother to know that the NJ state Supreme Court has put its foot down against automatically divesting a woman of custody of her newborn child due to evidence she used drugs during pregnancy. Without evidence that the child has been harmed or is in imminent danger or at substantial risk of harm, there is no basis for a finding of abuse and neglect under Title 9, the unanimous court held Wednesday in DYFS v. A.L., A-28-11. The relevant section, N.J.S.A. 9:6-8.21(c)(4)(b), cannot be used to protect a fetus since it was clearly written by the Legislature to protect children only after they are born, the court said.