Generally speaking no, but we really need to know more about the case.
What is the cause of the weight gain?
A 200 pound 8 year old is unusual. It could indicate a medical condition beyond the parents control. Or it could indicate neglect.
I have an 8 year old son. I would never want him taken from me, ever. But I can’t for the life of me figure out how any 8 year old could get to 200 pounds. That has to pose a severe health risk.
Without the medical file on this boy, it is difficult to know if this rises to the level of danger to the child.
The mother has been in treatment with the child for two years...so I am not sure this is completely neglect. I believe also that the hospital reported them to services two years ago and the state has been monitoring the situation ever since.
Knowing that there are such criminal laws; what purpose does CPS serve ... in ANY case?
Great tag line.