A boy in Cleveland, OH, who weighs more than 200 pounds, was taken from his mother by authorities last week. Officials were forced to remove the third-grader from his home when caseworkers decided that his mother’s inability to reduce his weight constituted medical neglect.

The child was put into foster care once county social workers determined that his mother wasn’t doing enough to control his weight.

Attorneys for the family claim the county overstepped its reach when it took the boy from his home, arguing that the medical problems the child is at risk for don’t yet pose an imminent danger.

State officials say this is the first time they can recall a case of a child being placed in foster care strictly for a weight-related issue.

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