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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111673
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My name is ***** *****, My wife and newborn tested positive

Customer Question

My name is ***** *****,
JA: Thanks. Can you give me any more details about your issue?
Customer: My wife and newborn tested positive for drugs at birth. Dcs was notified. After 72 hour hold at hospital no signs of NAS and cleared to go home pending dcs approval. Dcs worker met with wife at their office, came to the house met the other children then went to hospital and saw the baby and released baby and we all went home. The dcs worker came back 8 days later and said she messed up and told us the baby shouldn't of been able to come home and she needed to take the baby. I refused and we scheduled at family team meeting. Now they have decided to let the baby stay in the home and recommend that we do a hair follicle test, drug education and parenting classes. The worker was supposed to follow up with the drug education hair follicle testing and parenting classes by the 24th it's now 26th and we still have not been served papers for court nor have we been contacted by the case worker. My question is why would they let the baby room with her at hospital and breast feed, then go home with us only to 8 days later say they messed up and need to take baby. Can we do something or say something to get the case dropped. They have no grounds for any case due to the fact our home is nice clean safe home our kids are enrolled in private school 3 other children are happy and safe. The only grounds for are the positive drug screen at birth for mother and baby.
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Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 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.
DCS social workers are the most negligent, incompetent and abusive group of individuals you will ever deal with. The fact is that while they say one thing, they frequently do the opposite and they rarely follow through on things unless it is to further their own biased opinions. However, it depends on the level of drugs in the mom and baby and taking the baby is discretionary to the social worker, it is not mandatory in the law. DCS has their guidelines, but again they are guidelines and these social workers adhere to them only when it is convenient to the biased opinion of the social worker. Since they did not call the police in when you refused to turn over the baby, it means they have no evidence of any harm or danger to the baby that they can prove.
As far as drug testing, you need to contact them Monday and let them know you are willing to cooperate and are looking for information from them so you can take the test and go to parenting classes, this establishes evidence of cooperation on your part.

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