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Denny: CPS opened an investigation due to the mother testing…

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Denny: CPS opened...

Denny: CPS opened an investigation due to the mother testing positive for methadone. How will they determine if the child can be taken away?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: Family Law
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Answered in 1 hour by:
2/10/2016
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,953
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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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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