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NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

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Old Jul 3rd, 2011, 10:55 AM   #1
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Default NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

Our family needs to know what the laws and social services procedures are regarding if 1) can my daughter or especially her newborn, at time of labor, be tested for any illegal substances without my daughters consent? 2) If they are tested, is reporting mandatory to CPS or any legal authority 3) Can the hospital/CPS disallow my daughter from being able to bring her baby home with her?
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Old Jul 3rd, 2011, 11:51 AM   #2
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

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Our family needs to know what the laws and social services procedures are regarding if 1) can my daughter or especially her newborn, at time of labor, be tested for any illegal substances without my daughters consent? 2) If they are tested, is reporting mandatory to CPS or any legal authority 3) Can the hospital/CPS disallow my daughter from being able to bring her baby home with her?
1) Yes if there is any suspicion by the doctors, nurses or anyone, they can both be tested for drugs.

2) Yes reporting is mandatory to CPS and any other legal authority

3) If the drug use is sever enough or present, or is or has been posing a health risk to the infant, then yes it is mandatory that CPS protect that child.

Those are the legalities...now..
if you suspect the baby has drugs in it's system, should't you step up and take care of that? I would report my daughter in a heartbeat if I suspected drug activity, pregnant or not.
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Old Jul 3rd, 2011, 11:56 AM   #3
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

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1) Yes if there is any suspicion by the doctors, nurses or anyone, they can both be tested for drugs.
Without her knowledge or consent?

Quote:
2) Yes reporting is mandatory to CPS and any other legal authority
To law enforcement? Can she be arrested and jailed for this?

Quote:
3) If the drug use is sever enough or present, or is or has been posing a health risk to the infant, then yes it is mandatory that CPS protect that child.
Protect how? By removing it from its mother and extended family?

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if you suspect the baby has drugs in it's system, should't you step up and take care of that? I would report my daughter in a heartbeat if I suspected drug activity, pregnant or not.
Take care of how? Report to who? And... what happens to her after the reporting is done?
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Old Jul 3rd, 2011, 12:47 PM   #4
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

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Without her knowledge or consent?



To law enforcement? Can she be arrested and jailed for this?
Possibly, depends on the drugs and how long she and the baby have been using.


Protect how? By removing it from its mother and extended family?
That would be a start, especially if the family knew about it and did nothing.


Take care of how? Report to who? And... what happens to her after the reporting is done?
It is mandatory that CPS report anything involving drugs.
After the reporting is done it is likely that the child may be put up for adoption.
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Old Jul 4th, 2011, 09:11 AM   #5
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

Many tests are done on a newborn to assure it is healthy and has no diseases or genetic defects. If there are illegal drugs in its system, yes, they are obligated to report to CPS. The procedure is for CPS to take the child into its care, place it with a foster family temporarily until a hearing is held and an appropriate order made by the court.

Apparently the poster is parent of the mother, suspect or knows she is using drugs and fears the child will be affected, born with drugs in its system ("crack babies", sadly all too common). As to being arrested, it is unlikely, although in some jurisdictions they might characterize it as child abuse and ingesting drugs while pregnant a crime and jail her. It is not as likely as not, though.
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Old Jul 18th, 2011, 10:43 AM   #6
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

I have since learned by talking directly to NC authorities that... no, infants who test positive for illegal substances are not just taken by CPS and placed into foster care. The mother is given an option ie demand, that she enter drug rehab and there is a program in North Carolina that keeps Mom and her child togethor throughout drug rehab, in which she also gets parenting classes and other help. If she has other children, under 11 yo, those too can join her in rehab in some facilities.

Apparently, times have changed and CPS...at least in NC, is trying to keep mothers with drug addictions and their children togethor, as long as she is trying to stay clean and does what is required of her to do the right thing by her children. The practice of harsh and overly judgemental treatment has never worked. It keeps mothers AWAY from prenatal care and the health providers they badly need. Punishing these women by taking their babies away from them is not the answer.

Intervention must happen however and should she refuse help, refuse drug rehab, refuse CPS services...which are now designed more to help families remain intact, then, of course, foster care or placement with relatives, is the next option. I heartily agree that she should refuse drug treatment, then of course, her addiction might just be more important to her than caring for her child.

I am finding that most people on the internet are not fully informed about what the laws and procedures are today in 2011. There is help out there and CPS no longer operates as an agency to punish parents or women, especially, who need help. Newborns and children of addicts are often placed with family...not just foster care right off the top and this is much preferable for the infant. Most authorities know and have known for many years that the infant does much better with its own mother or family and that separating the infant from its mother does great trauma. I know that many people just do a harsh value judgment on women who have addictions and I understand the thought, "how could you?" and want to believe that she deserves punishment by removing her newborn or other children from her. But, these are people who do not understand 1) the power of addiction and 2) the fear of asking for help. Once you grasp that concept and develop a way to interact better with her and the family to keep them togethor, she will be far more successful in beating her addiction. It can, in fact, happen, during the pregnancy, but hopefully before... IF women and girls KNOW they can get the help they need without fearing punishment. That way, everyone is healthier and happier for it.

If we create in America an atmosphere of trust where a pregnant girl or woman can ask for help and without condemnation and help her go into rehab, help her see that there is a different way to live... just for the asking, then that will be the day that more babies are born healthy into healthy families. If we instead however, choose to criminalize and otherwise punish women for their addictions, by ripping away a child they love, just because she feared asking for help, then of course, we can expect an overburdened, underfunded foster care system and tragic results for both children and women alike. We must replace her fear with trust.

Drug addiction is not a moral choice, nor is it something which one can switch on and off. The results of the war on drugs is that ... drugs won. Illegal drugs are more readily available today than they were in the 80's ... 30 years of the war on drugs has done NOTHING but cause the incarceration of drug users, who were addicts and punish children and families. It has not gotten the bad guys who provide the drugs off the streets. The addicts are not the bad guys and we need to stop treating them like they are. For every dealer taken in, hundreds are ready to take his or her place. Its too lucrative. And illegal drugs are prevalent across the nation, big city and small town, rural and urban, trailer parks and ghetto's, business offices, upper and lower classes.

It's long past time that we change our methods of helping people reclaim their lives, keep their families together, get clean and sober and stop judging them.
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Old Sep 28th, 2011, 10:21 PM   #7
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

Every single one of the answers to the OP questions are wrong. I just went through this last year when the mother of my child were found to have drugs in each of their systems.

There is actually a NC law that if drugs are found in baby/mom at the time of birth the mother can not be held liable criminally and DSS has policies that make this a non issue.
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Old Nov 20th, 2014, 07:01 PM   #8
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It is mandatory that CPS report anything involving drugs.
After the reporting is done it is likely that the child may be put up for adoption.
This is not true. It takes A LOT for CPS to determine that the baby is better off with anyone other than the biological parents. They WILL NOT take a baby away from it's parents because of a positive drug test for marijuana unless they find proof [for use of a harder drug such as cocaine.
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Old Nov 21st, 2014, 07:59 PM   #9
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Default Re: NC: Maternal/newborn drug testing/reporting law by hospital or physician to CPS

No mention was made in the post of marijuana, although it has shown to be harmful to developing brains. No studies are known about its effects on the unborn.

Drugs were alluded to, not weed, a plant.
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