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  1. #1

    Default CPS Involvement After a Newborn Tested Positive for Marijuana

    My question involves alleged child abuse or neglect in the Commonwealth of Virginia.

    My significant other and I have recently had our baby daughter. She is currently about a month old and is very healthy. Our household, income, and lifestyle are all very secure and stable. The mother is currently enrolled in college pursuing a degree that will allow her to enter the Human Services field. With more than enough food and a room / home nicer than most, our child is very well taken care of. We do not have a criminal background or history with drug abuse.

    Before my significant other discovered she was pregnant, she was prescribed several anti-anxiety medications, including Valium (diazepam). After discovering she was pregnant, she immediately discontinued her medications due to complications and birth defects it could cause. However, after extensive research, she continued to use marijuana to reduce the effects of morning sickness and anxiety, and improve her appetite (as we know, a growing baby needs nourishment!).

    Without notification, her OB tested her several times for drug use. After noticing it on our medical bills, and realizing she had earlier informed the office of her marijuana use, she requested that drug/alcohol testing be discontinued as it was unnecessary. The practitioner complied and ceased substance abuse testing. During labor, the hospital required that she sign a consent form to drug screen our newborn before delivery.

    After the birth of our daughter, we were visited by a Social / CPS Worker within the hospital and informed that the infant had tested positive for marijuana, and she (the mother) was required to register with "Project LINK", a family support group, and attend Narcotics Anonymous meetings. After reviewing Virginia Law and the paperwork we received, it was found that none of it was mandatory and she had been convinced to voluntarily attend these support programs under the impression that our child would be taken if we did not comply. Under duress and in tears, she signed the paperwork.

    Approximately one month later, the same worker arrived at our home for a "home / family assessment". The same CPS agent arrived and performed an inspection of our home. After the inspection was complete, she asked if my significant other had contacted "Project LINK" or attended any drug use prevention meetings. Given that neither of us use any illegal substances, we politely informed her that we believed that attending Narcotics Anonymous meeting was not only degrading for her character, it was highly unnecessary. She informed the CPS agent that she did not want to associate with those who truly experience addiction to dangerous substances and refused. Soon after, she began to inform us that her "supervisor" would open an investigation and file a protective order for our daughter if we did not comply.

    With these events, we are very concerned. Little does CPS understand, they are causing more harm than good by harassing and threatening our small family. With my significant other pursuing a career in Human Services, it would be terrible for her efforts to be rendered null. I find it very frustrating that CPS can threaten a perfectly healthy family, however it seems any effort to avoid action is futile. As she is attending college, also attending weekly/bi-weekly NA meetings and assessments, will do nothing but cause more stress.

    With worries that attending these meetings will cause defamation of character and endangerment, we hope to politely refuse with the understanding that our daughter is in a stable environment. What can we do to avoid further involvement with CPS? Given that we are clean, should we hire a lawyer?

  2. #2
    Join Date
    Jan 2006
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    Default Re: Marijuana Use = Na Meetings and CPS Harassment

    So you and/or your significant other ceased all use of marijuana since the birth?

    the problem is the child did test positive for marijuana. It's not legal in your state, is it?

  3. #3
    Join Date
    Sep 2010
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    Default Re: Marijuana Use = Na Meetings and CPS Harassment

    It is most definitely not legal here, not even "medical" use.

    You were not "clean." You both admitted to illegal drug use prenatally and scientific tests back it up.

    You need to contact an attorney that deals with CPS issues. You're not making this go away on your own. You have no clue about the law apparently because "defamation of character" doesn't apply here and that would be the LEAST of your issues.

  4. #4
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    Default Re: CPS Involvement After a Newborn Tested Positive for Marijuana

    Quote Quoting DopeEncounter
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    Without notification, her OB tested her several times for drug use. After noticing it on our medical bills, and realizing she had earlier informed the office of her marijuana use, she requested that drug/alcohol testing be discontinued as it was unnecessary.
    Does she recall, also, when her OB told her that she should not smoke marijuana while pregnant?
    Quote Quoting DopeEncounter
    After the birth of our daughter, we were visited by a Social / CPS Worker within the hospital and informed that the infant had tested positive for marijuana, and she (the mother) was required to register with "Project LINK", a family support group, and attend Narcotics Anonymous meetings.
    I suspect that what happened was that after the child's meconium tested positive for marijuana, protective services was brought in to review the matter and to take steps to ensure the child's safety, and that your wife agreed to a safety plan for the child that involved her agreement to participate in "Project LINK" and N.A. as an alternative to their pursuing the matter through the courts.
    Quote Quoting DopeEncounter
    Approximately one month later, the same worker arrived at our home for a "home / family assessment". The same CPS agent arrived and performed an inspection of our home. After the inspection was complete, she asked if my significant other had contacted "Project LINK" or attended any drug use prevention meetings. Given that neither of us use any illegal substances, we politely informed her that we believed that attending Narcotics Anonymous meeting was not only degrading for her character, it was highly unnecessary.
    Which would appear to translate into, you and your wife chose to ignore the safety plan you had agreed to complete when your child was released to your custody and, as a consequence, the case worker may be taking the matter to court.
    Quote Quoting DopeEncounter
    I find it very frustrating that CPS can threaten a perfectly healthy family, however it seems any effort to avoid action is futile.
    While you may be looking forward to a day when marijuana is legal, at present it is not legal in your state -- and even in states where it is legal, child protection laws still apply. You had the opportunity to nip things in the bud, so to speak, by complying with the agreement you reached with protective services while at the hospital. Your wife doesn't want to take those steps, and that's why there may be a greater investigation and possible court involvement.

    If you want to consult a lawyer about what is likely to happen if you continue to resist CPS, by all means do so.
    Quote Quoting flyingron
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    You were not "clean." You both admitted to illegal drug use prenatally and scientific tests back it up.
    I don't recall that dad confessed to using marijuana.

  5. #5
    Join Date
    Jul 2006
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    1,421

    Default Re: CPS Involvement After a Newborn Tested Positive for Marijuana

    In Ohio, a newborn testing positive for marijuana would be per se abuse. The child would immediately be removed. OP, you are blind to the reality of the situation. You and your family are not healthy when the NEWBORN tested positive for an illegal drug. Mom and you screwed up. Mom is the one who is putting her career at risk with her ignorance ... she shouldn't be in human services. She doesn't comprehend that what she did was dangerous for the newborn.

  6. #6
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    Sep 2010
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    Default Re: CPS Involvement After a Newborn Tested Positive for Marijuana

    Quote Quoting Mr. Knowitall
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    I don't recall that dad confessed to using marijuana.
    I was using the plural "you" (responding to the poster's statement "We are clean") , referring to the mom and the fact the baby was affected as well.'

    I'm sorry the English language lacks the precision of a second person plural to satisify your overly pedantic tendencies.

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