How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111550
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My sister just had a baby hours ago and the hoSPITAL TESTED

Customer Question

My sister just had a baby hours ago and the hoSPITAL TESTED HER FOR illegal drugs and she tEsted positive and now they have placed a urine bag on the baby and is collecting his urine to also be tested and they have told her she can not leave the hospital now 1st can they stop her from leaving the hospital and hold her against her will and 2nd can they put a urine bag tto collect the babys urine without her consent or knowledge and 3rd she has already sign over full guardinship to me right after the baby was born so if cps was notified of my sister testing positive can they still take custody from me
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 month 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.
CPS cannot prevent her from leaving the hospital, but they can indeed prevent the baby from leaving the hospital if the mother tested positive for drugs, which is considered child abuse. So, while the hospital cannot stop the mother from leaving, she cannot leave with the baby.
She has no right to object to collection of evidence from the baby I am afraid as CPS has the legal right to investigate any reports of child abuse. If she has given you custody/guardianship of the baby, you will need to communicate with the social workers and they are going to want to test you and do a home inspection before they release the child to you in most cases and will want you to go to court to get a court order of guardianship to prevent the mother from trying to cancel the guardianship without court and CPS involvement in the future.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.