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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112751
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Denny: CPS opened an investigation due to the mother testing

Customer Question

Customer: Denny: CPS opened an investigation due to the mother testing positive for methadone. How will they determine if the child can be taken away?
JA: Thanks. Can you give me any more details about your issue?
Customer: The child is a newborn in the hospital born two days ago. The mother already had one child removed from her custody. CPS opened an investigation at the hospital to determine if the child is safe.
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Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months 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.
If the child was born to a mother who is addicted or on a controlled substance, then they will have to determine whether or not the methadone is part of prescribed treatment and if the mother following her treatment plan is currently fit to have the child. Having lost one child, the deck is against her. However, if she can show she is in a proper rehab program and is using methadone as part of that program, then DHS can return the child and would engage in drug testing and monitoring of the mother to determine if she remains fit to care for the child.

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