Baby Tested Positive for Illegal Drugs

My question involves a child custody case from the State of: massachusettes my baby has tested positive for thc are there legal grounds for dcf to take my child

That's generally reason enough, yes.

Not only grounds to TAKE the child, but to KEEP the child for an extended period - pending potential outcomes of any criminal charges against you, or at the very least the satisfactory completion of a substance abuse program.

I was just trying to get some outside advice but I ave spoken to a lawyer and in the state of Massachusetts weed is the only drug that doesn't hold grounds for getting ur child taken so thanks for ur in put negative or not

WHY would the presence of THC in a baby NOT be grounds to support a claim for child neglect? I suspect that the lawyer might have been trying to give you hope so that you will pay him to fight your case for you.

Is there any reason why your child would be exposed to marijuana smoke that would NOT be your responsibility?

Are you or anyone else in the household being charged with any other crime?

Here is how MA defines "Neglect" ...

Code of Mass. Regs. Tit. 110, § 2.00

Neglect means failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home or in-home setting.)

I never said they can't bring a claim forth nor am I saying it wasn't neglect what I am saying is if it was cocaine heroine or another drug then that would be legal grounds for immediate removal but weed isn't what they do is send out an investigator and they decide wether the case should b closed or remain open as far as the lawyer goes its not about the money my family is doing it for free thank u

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Quoting CHOSIN

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I never said they can't bring a claim forth nor am I saying it wasn't neglect what I am saying is if it was cocaine heroine or another drug then that would be legal grounds for immediate removal but weed isn't

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I doubt that. If they have not removed the child, then maybe there is something to it, but a search of MASS laws regarding the protective custody of children I find that they need only articulate probable cause of neglect to support a temporary seizure of the child. It may well be that THC is not grounds for permanent removal, but it is not a magic substance that makes it unable to be a danger to the health of a child.

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what they do is send out an investigator and they decide wether the case should b closed or remain open as far as the lawyer goes its not about the money my family is doing it for free thank u

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Then, hopefully, you will be able to show that you and the members of your household will no longer be smoking dope and that the child will be free of any future exposure. I imagine that they may request periodic drug tests in order to verify your compliance for the safety of the child.

I do hope you agree that this is a danger to the child and that it is in the best interests of all involved that the marijuana users get clean or move out.

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I was just trying to get some outside advice but I ave spoken to a lawyer

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Really?

Why would you go looking for outside advice if you had spoken to a professional, well versed in the laws of your state?

The presence of street drugs in a baby's meconium is not necessarily going to result in removal of the child, but you can anticipate a protective services investigation.

I spoke to them after the fact so yea really

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And mr knowitall ur 100% right I was asking about the removal but my question has been answered

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Cdwjava as far as people smoking dope nobody in my home smokes dope as far as the dope goes I was at a friends babysitting the night I went in labor I ate some brownies out the oven which contained weed I was unaware of that and they called me as I was already on my third one to tell me they made me a separate batch not to eat those ones but it was too late so before u judge ask questions and learn the facts before u assume everyone in the home is smoking dope which my baby came out healthy as an ox no complications I never tested positive for anything but that one time never before or after thank u

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Well researcher maybe u need to research before u respond with Really?