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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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how can cps take a newborn away from its legal mother at the

Customer Question

how can cps take a newborn away from its legal mother at the hospital after birth and put them in a foster home, even though the child and mother tested clean on a drug test?
They do have a case as the mother enrolled herself in a drug rehab during pregnancy and didn't complete the 30 days stay... left early on her own..
but she is and has been drug free...
she is breast feeding so how can they justify the seperation of mother and child???
Submitted: 6 years ago.
Category: Family Law
Expert:  Brandon M. replied 6 years ago.
Hello there:

CPS may remove a child from its home when there is probable cause to believe that the child is in danger of immediate neglect or abuse. I don't know what this parent's situation is or how CPS reached their conclusion, but the mother is not without rights. Within the next few days, she will have a court hearing and the court will examine whether or not there is cause for continued removal from the home in the short-run. If not, the child is returned immediately; if so, a trial date will be set for the future and CPS will have to prove their case at trial. The mother will be given access to legal counsel at the court hearing.
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Customer: replied 6 years ago.
shouldn't it be proof enough that the child is in safe hands with a drug free mother and a supportive family to have cps back off the case with no futher court action required??
The mother in law will provide a safe house with her retired husband at home all day. the mother in law will be home at nite to supervise...
How can they expect the mother to stay overnite at a different address from the baby while she is breast feeding???
Can't that process be delayed pending the investigation?
Expert:  Brandon M. replied 6 years ago.
I understand that your emotions probably have the better of you right now, and that is a normal response. However, this conversation is not going to do anyone any good unless the logical part of your brain can get the emotional part under control. It appears that you are trying to argue with me, but I am not here to argue with you--I am here to answer your questions. Take a deep breath, walk away from the computer for a little while if necessary, and when you return to a frame of mind where the emotional jolt of what has happened is not controlling, let's resume. There is no rush here--nothing is going to happen between now and tomorrow, so let's proceed in a way that is constructive to your case.
Customer: replied 6 years ago.
your right..
So then, the ball is in their court so to speak and I then can only react to their moves??
What is my next step and what nshould I expect to do in response.
Do i need an attorney on hand or is my daughter safe to accepy a court appointed counsel?
Thanx for your help...
Expert:  Brandon M. replied 6 years ago.
What is your relationship to the case? Are you a grandparent?
Customer: replied 6 years ago.
Yes I am the grandfather...
My daughter just had a son saturday and I found all this out today,
Customer: replied 6 years ago.
should the mom ask for a court appointed attorney even if we are allowed to appoint a foster family while this process is under review or should we accept the direction that cps is taking and hope for the best??
Expert:  Brandon M. replied 6 years ago.
Court appointed counsel is far better than nothing. However, court appointed counsel usually has a caseload that is prohibitively large and too often the individual cases do not get the attention that they need--personally, I would usually recommend retaining private counsel for the parent.

The grandparents have very little rights in these scenarios, but CPS prefers to place a child with family before placing the child into a foster home. The child's current placement may change to a family member's even if CPS continues to hold custody.

When these cases start, things move very quickly and it is oftentimes difficult for the parent to know what is happening or what comes next. I mentioned that after the child is taken, a court date is established shortly thereafter. Parents are offered court-appointed counsel at the first court date and CPS makes its recommendation for short-term placement. A visitation schedule is also established. Of course, if the court finds that there is no probable cause for removal, the child would be returned home that day.

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