My question involves child abuse or neglect in the State of: Virginia
My cousin is being "assessed" by CPS because her son was born exposed to illegal drugs. The caseworker advised me that once the assesment is complete and if it is determined that the baby cannot stay with his mom CPS will ask the mom who she wants to sign guardianship over to, which would be me and my husband per my conversation with her a few weeks ago. If mom doesn't coperate with the caseworker than CPS will go to a judge to have the baby removed from her care and baby will go to a licensed foster home.
In my opinion, no assesment is needed; mom did illegal drugs while pregnant causing withdrawals and other side effects to her son = child abuse. Here is what the statue says:
Citation: Ann. Code § 63.2-100
'Abused or neglected child' means any child younger than age 18:
Whose parents or other person responsible for his or her care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted, upon the child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions
Can I petition for guardianship before the assesment is complete and use the above information?