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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111543
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In Missouri can my children be taken in to protection by the

Customer Question

In Missouri can my children be taken in to protection by the state if the Mother only drop one dirty UA? And still can get visits for her 1st child but the Mother takes her youngest son to the children hospital for his Asthma attack and the state of Missouri comes get her youngest child then tell the Mother she has to leave the hospital and leave her son without any proper written statement that was not shown to the Mother which didn't have custody. Because the Mother which is myself has a Power of Attorney months too one year agreement signed and dated and notarized with third party is it legal for the fs custody to take my children from me and the person that has power of attorney of my children
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that when child services is involved and a parent has a dirty urine test, that is their basis for stepping in even though there is a PoA (since the PoA allowed you to be in the presence of the child and you were tested positive). The dirty test would be a ground to remove the child from the parent's care and custody and control I am sorry to say. This is something that child services takes very seriously I am afraid and the recourse you have is you are going to have to now go back to court and present evidence to the court as to why the PoA should be reinstated and you should be allowed to have contact with any of the children again.
You are entitled to an attorney, so you need to consider speaking to the public defender's office or legal aid for assistance. Also, it goes a long way in court if you are enrolled in a substance abuse program to show them that you are working at stopping the substance abuse.