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Expectant and Postpartum Moms
Reply to "Experience with CPS? Anyone know first-hand? "
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[quote=Anonymous]OP, too late now but that CPS worker had no legal right to enter your home without permission without a court order, although the law would have required them to be allowed confidential interviewing of children suspected of being the victims of abuse or neglect (which would not have included the other children when you gave birth, to my thinking). I would think as well that the hospital should have a policy about how mandated reports are handled and who decides in a situation like yours that a circumstance (e.g. the positive drug screening when you had taken prescribed medication) meets the legal criteria for reporting--e.g. who decides and who reports, given multiple medical professionals are involved in a hospital situation. Also, for what it's worth, I took a look at the state laws (not in the DC area) where I live, and ALL the pertinent clauses in state law specifically refer to ingestion of controlled substance for MONMEDICAL purposes. Additionally, I know someone who had a history of substance abuse, cleaned up, and had a false positive screening when she delivered prematurely--the subsequent analysis contradicted the screening test result. Definitely talk to your doctor, become informed what the legal authority of CPS is--the very fact that a report was made in the past increases your likelihood that ANY report for ANY suspected child neglect and abuse gets screened in for investigation, and it is far from unknown for an investigator to claim legal powers he or she doesn't have. I think even jurisdictions where there is a history of excess in CPS matters there have been some positive changes in view of the opiate crisis. I know someone who has been on suboxone treatment for quite a few years after struggling with a pill addiction for a time. She continued to take the medication throughout her pregnancy and beyond with the knowledge and blessing of her medical providers and had no problem with CPS. It's possible there could be complaint proceedings you could use regarding the individual CPS investigator if there was any violation of agency policy in the course of the investigation. As someone who many years ago was victimized by a CPS agency, I know that it can be scary to use administrative recourse--but it turns out these agencies and the people who work in them get surprisingly nervous when they fall under the same kind of scrutiny they exert on others (maybe not so surprising!). [/quote]
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