Pot found in newborn's urine, CPS called, what happens?

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Old 11-13-2014, 04:38 PM
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Pot found in newborn's urine, CPS called, what happens?

So my friend's AGF delivered her baby. She's been sober - for alcohol, anyway - since the end of April.

But her blood tested positive for marijuana. So did the baby's urine. So a report was made to Child Protective Services. Does anyone know what happens?

She has a prescription, btw, for medical marijuana which is legal in California.
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Old 11-13-2014, 04:58 PM
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My friend's sister gave birth to a baby boy and he was withdrawing from methadone. She has a prescription for it but not sure what the doctor at the clinic advised her to do while pregnant. Anyway, CPS was called and someone did visit them in the hospital but she took the baby home after that :-/
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Old 11-13-2014, 05:07 PM
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Hope, thank you for that. I really hope CPS does not put the baby in foster care. I personally can't condone smoking pot while pregnant but don't think it should result in taking the newborn away.
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Old 11-14-2014, 07:00 AM
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They will treat this very seriously I would say.
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Old 11-14-2014, 07:09 AM
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I must be verry ignorant. Is it now routine to test all mothers and babies for drugs?

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Old 11-14-2014, 07:13 AM
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I'm with you, Dandy. Weird thing is - wonder what they do here in Washington State now that we've legalized pot.

Do they test for alcohol, too?

I guess it's an inexpensive test - but the consequences and expense in dealing with it seem to outweigh the benefit. How many people are drunk/high for most of their kids' lives? Slippery slope.
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Old 11-14-2014, 07:17 AM
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I tend to doubt that a detectable level of THC in the baby's urine (and the mom's blood) will be ground (standing alone) for removing the child.

It WILL most likely lead to CPS intervention, investigation, and services. If she truly has a medical condition and a prescription for the marijuana, it may well end there. To my knowledge, there is nothing about marijuana usage per se that poses a grave risk to the safety of an unborn child. Presumably the prescribing doctor took her pregnancy into account in prescribing it.

I don't think there's anything to panic over, unless, of course, she is abusing the marijuana (which is always a risk when someone has an issue with addiction).
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Old 11-14-2014, 07:19 AM
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Yeah, biminiblue. I can also see where this would disproportionately punish mothers over fathers! (I understand if the baby is showing withdrawl symptoms or is not doing very well--to do a drug screen among all the other tests).
An irony is that the court has very little problem of letting an addicted dad to have unsupervised time with their kids...and 50% custody.

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Old 11-14-2014, 07:31 AM
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Originally Posted by dandylion View Post
Yeah, biminiblue. I can also see where this would disproportionately punish mothers over fathers!
It's not about punishing the parents...it's about keeping the children safe. At least, it should be.

I am NOT saying the following to stoke argument between sexes. At all.
In my opinion, the most egregious aspect of all this is that a woman can't be stopped (In Virginia at least) from abusing a legal substance (alcohol) while she is pregnant. The only time the law will step in is after the birth if the child shows signs of AFS...only then will they do any formal charges. Of course, it's too late then, for the child.
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Old 11-14-2014, 07:37 AM
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ResignedToWait. Agreed. No intention to fight.....LOL!

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Old 11-14-2014, 07:39 AM
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ResignedToWait. Agreed. No intention to fight.....LOL!

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Old 11-14-2014, 07:40 AM
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When my sister's friend was pregnant & qualified for her medical coverage under Medicaid (is that right - I get 'care & 'caid confused?) they tested her during her pregnancy and again after the baby was born. I believe they outlined a process similar to what Lexie described - CPS visits, etc if pot was detected. I don't know if they tested for other substances. I think my sister said her insurance also started doing this for pregnancy claims the year after she had her son.
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Old 11-14-2014, 07:45 AM
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Minnesota was considering a law (I don't know if it ever passed) that would make it legal for the state to incarcerate pregnant women who were alcoholics or drug users. I followed the legislative and public debate about it for a while, and the crux ended up being that if you decided that an unborn child needed protection from harm, it would make the laws inconsistent if abortion was still legal.

As for CPS, what they end up doing will depend both on the laws of the state and the particular investigator she ends up with. In my experience, very few cases rise to the level where CPS intervenes.
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Old 11-14-2014, 09:50 AM
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I am a CPS Social Worker. I know that, at least in my county, a child would not be removed from the mother's care for that reason ALONE. If it were methamphetamine or another drug, yes, but not just marijuana. If the family has had past involvement with CPS, with older children, then maybe, yes.

But if this is the first time that this family has come to the attention of CPS, then, in my county, the child would remain in the care of the mother, and a case would be opened. The mother and the father if he is involved, would be asked to follow a Case Plan, which would include random substance testing, D&A counseling, etc, and if they did not follow the case plan, there would then be reason to remove the child.

In my county, it is not routine for a newborn to be tested for substances, but is done if the doctors have had reason to suspect that the mother was using throughout her pregnancy.
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Old 11-14-2014, 08:06 PM
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Unfortunately the science is clear that weed is not a benign substance to a developing fetus. I'm not suggesting removing the baby is the solution but smoking pot through pregnancy is harmful.
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Old 11-14-2014, 09:16 PM
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Thanks to all for the replies! Lilamy -
the crux ended up being that if you decided that an unborn child needed protection from harm, it would make the laws inconsistent if abortion was still legal.
Wow that is really food for thought.

But if this is the first time that this family has come to the attention of CPS, then, in my county, the child would remain in the care of the mother, and a case would be opened. The mother and the father if he is involved, would be asked to follow a Case Plan, which would include random substance testing, D&A counseling, etc, and if they did not follow the case plan, there would then be reason to remove the child.
Kboys, thanks for this. That may be what ends up happening. I hope it does, actually.

What happened was, the CPS person went to their apartment instead of to the hospital, thinking they'd already been released. So after that was discovered, they all -mom, dad and the baby - got released and went home. The CPS person will meet with them Monday, I think. Somehow it was communicated (how is unclear to me) that she (the social worker) said marijuana is no big deal, that she'd been told the mother had abused pills while pregnant.

The "no big deal" is not an exact quote, it is how my friend described it. The pills - I don't know. I'm hoping that was a miscommunication, like their location.

I don't know why the mother was tested. That's a good question. Whether or not she's had a CPS case before is also a good question. She has a 17 year old son and was drunk for much of his life, had DUIs, other arrests, jail time, etc. Her actions while actively drinking are sadly familiar to everyone in this forum.

Kboys, the random testing, if it goes that way, sounds great. As does the counseling if they'd take it seriously.

More will be revealed!
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Old 11-15-2014, 07:07 AM
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Originally Posted by Santa View Post
Unfortunately the science is clear that weed is not a benign substance to a developing fetus. I'm not suggesting removing the baby is the solution but smoking pot through pregnancy is harmful.
I wasn't suggesting it was a "benign substance" but rather that it did not pose a "grave risk" the way some drugs do. Lots of things one SHOULDN'T take in while pregnant, but some substances are riskier than others.

Anyway it sounds as if CPS is on the ball, which is a good thing for all concerned.
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Old 11-15-2014, 10:05 AM
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Kind of off-topic:

it would make the laws inconsistent if abortion was still legal.
Eh, it's more about questioning whether the condition of pregnancy is a default to test all pregnant mothers like they're criminals. Lots of things lead to potential negative outcomes in pregnancy, including smoking, drugs, drinking, soft cheeses, shellfish, not taking your vitamins -- but arguably the worst for poor prenatal outcomes is stress and poverty, even above and beyond drug use during pregnancy. IMO, automatic criminalization of pregnancy is really bad public health policy. Criminal law tends to step in where treatment and services for addiction and drug abuse are more appropriate.
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Old 11-15-2014, 10:13 AM
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Low income women and minority women are more likely to be drug tested which makes the practice classist and racist.
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Old 11-15-2014, 11:01 AM
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Low income women and minority women are more likely to be drug tested which makes the practice classist and racist.
This is a direct consequence of having government pay for healthcare: If government pays for your prenatal care, it is in their interest to make sure that your habits throughout pregnancy does not result in a child with health problems that will cause higher costs for the government.

You pay for your own health care, the government has no right to require any kind of testing.
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