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Protective Proceedings After Newborn's Positive Drug Test

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  • 07-10-2007, 09:31 AM
    NeedHelp fast
    Protective Proceedings After Newborn's Positive Drug Test
    My cousion has has his child taken away because there was drugs in the babys system and is now in foster care. They go to court today to contest the test results.The hospital papers say that in the blood it was negitive but then was changed later to postive in the poop. The mother has 4 other kids in the system because of drugs ect. He wants his child back and says he will do it without her (the mom). How can I help him? What can he do? Iowa
  • 07-10-2007, 10:30 AM
    aaron
    Re: Protective Proceedings After Newborn's Positive Drug Test
    Are the mother and your cousin members of the same household (i.e., do they live together)? If not, he has a better case for not being held responsible for her drug use during the pregnancy. Does he have a lawyer yet? If he cannot afford a lawyer he should be eligible for a court-appointed lawyer and, while I would suggest retaining counsel if possible, he should get legal help.
  • 07-10-2007, 10:47 AM
    NeedHelp fast
    Re: Protective Proceedings After Newborn's Positive Drug Test
    First I want to Thank-You for getting back so fast and the advice!!! He does have a court lawyer. They are still living in the same house hold be he said if it is true he will do this without her. What would be he next step? How long can they keep her away from her father? Thanks Again!!!
  • 07-10-2007, 11:10 AM
    Mr. Knowitall
    Re: Protective Proceedings After Newborn's Positive Drug Test
    He and his lawyer should work with the case worker and prosecutor in charge of the case, to see if there is a way he can move out and regain custody. Given her history and probable drug use during pregnancy, the state will likely have serious concerns about his judgment and his willingness to protect the child from similar influences.
  • 07-10-2007, 11:16 AM
    NeedHelp fast
    Re: Protective Proceedings After Newborn's Positive Drug Test
    Thanks form the bottom of my heart for the info!!! We will be in court in a couple of hours! If there is anything else you can add I will hear you!
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