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CPS took my baby under false pretenses regarding drugs. Now…

Customer Question
CPS took my baby...

CPS took my baby under false pretenses regarding drugs. Now pushing for adoption. What can i do?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have proof of a negative drug screen at the time of child’s birth. The doctors endured morphine as a means of controlling supposed withdrawals at birth and I️ have proof of all this.

Submitted: 4 months ago.Category: Family Law
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Answered in 10 minutes by:
11/30/2017
Family Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your situation.

Was a reunification plan ever put in place? That is what CPS does when a child is taken from a home.

An individual reunification plan for your family is set up, which usually involved attending drug rehabilitation, parenting classes, random drug screening, supervised visits with your child ...until CPS determines everything has been completed sucessfully, and that you are at a healthy place to provide a safe home for your baby.

CPS' goal is always reunification, only in circumstances where an overall reunification plan has failed, ie. a parent doesn't attend classes etc., will CPS seek to terminate parental rights and place the child permanently in foster care for adoption.

Has CPS done everything I've just explained? If not, then your case worker is violation of policy, and you should hire a lawyer right away to intervene and get this matter cleared up.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
Hello are u still there
Family Lawyer: Nisha Jones,
 replied 4 months ago

Yes, did you receive my prior response? Sent almost 10 minutes ago, I can copy and paste it below.

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Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your situation.

Was a reunification plan ever put in place? That is what CPS does when a child is taken from a home.

An individual reunification plan for your family is set up, which usually involved attending drug rehabilitation, parenting classes, random drug screening, supervised visits with your child ...until CPS determines everything has been completed sucessfully, and that you are at a healthy place to provide a safe home for your baby.

CPS' goal is always reunification, only in circumstances where an overall reunification plan has failed, ie. a parent doesn't attend classes etc., will CPS seek to terminate parental rights and place the child permanently in foster care for adoption.

Has CPS done everything I've just explained? If not, then your case worker is violation of policy, and you should hire a lawyer right away to intervene and get this matter cleared up.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

30 Nov 2017, 9:18 AM

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Customer reply replied 4 months ago
The family plan was put in place. However, i have not completed it and they are pushing for adoption to the baby’s grandparents. They took my baby without me even testing positive for drugs and I️ have proof of that.
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear that.

Can you clarify what you mean by you "have not completed it"? ..have you been failing to comply with attending classes? Or do you mean you have been complying but the requirements of the plan are still in progress?

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Customer reply replied 4 months ago
I want to sue CPS in federal court and the doctor for malpractice for putting my baby on morphine just based off
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm not sure if you received my prior response:

I'm sorry to hear that. Can you clarify what you mean by you "have not completed it"? ..have you been failing to comply with attending classes? Or do you mean you have been complying but the requirements of the plan are still in progress?
Ask Your Own Family Law Question
Customer reply replied 4 months ago
I’m complying
Family Lawyer: Nisha Jones,
 replied 4 months ago

Okay, thanks for clarifying. Give me just a moment.

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Customer reply replied 4 months ago
I want to sue cps in federal court and the doctor for malpractice do u think I️ have a chance
Family Lawyer: Nisha Jones,
 replied 4 months ago

Cases against CPS have always been very difficult to win.

However, if CPS made a wrong determination and incorrectly placed your child on narcotics, and caused possible damage to your baby -- then yes, you would have grounds for a negligence lawsuit.

Also if the doctor failed to follow the medical standard of care when he/she made the decision to administer the drugs, then yes, you would also have grounds for a malpractice lawsuit.

You should meet with a civil medical malpractice attorney in your area as soon as possible.

Most civil attorneys will give you a free consultation to discuss your case and pontential options for a lawsuit, and they won't charge you any fees upfront. Instead of paying out of pocket, most attorneys will only recover their fess when you win a monetary award in your case.

I hope that helps! Let me know if you have any more questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 4 months ago
If that is the case can and i hire a lawyer can my lawyer have the judge stop the adoption until my case is resolved?
Family Lawyer: Nisha Jones,
 replied 4 months ago

Yes, you can hire an attorney to file a motion to Stay the Adoption while your lawsuit is pending.

I hope that helps! Let me know if you have any more questions.

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Customer reply replied 4 months ago
is the kind of Attourney i need different for suing CPS and suing the doctor? What lawyer should i contact first
Family Lawyer: Nisha Jones,
 replied 4 months ago

No, that would be the same. A civil attorney.

You can opt for two different attorneys, but they would both be civil attorneys.

If you choose two attorneys you could look for one who specifies in (1.) medical malpractice and (2.) one who's sued CPS or another government entity in the past.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Customer reply replied 4 months ago
What’s a good resource for finding lawyers in my area Eugene Oregon
Family Lawyer: Nisha Jones,
 replied 4 months ago

Good evening, my apologies, I was away until now.

To find reputable attorneys in your area you could contact the Oregon State Bar.

You can reach them at(###) ###-####

You can also take a look at this link to view the Lawyer Referral Service:

https://www.osbar.org/public/ris/

Feel free to let me know if you have any other questions.

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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