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My daughter is in Texas. She tested positive for

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My daughter is in...

My daughter is in Texas. She tested positive for methamphetamines on her first prenatal visit but tested negative at the remainder and during labor. The baby was not tested at birth because my daughter tested negative. However, CPS was notified 24 hours ago and the hospital has held the baby over at cps request. CPS has not come or returned calls to hospital. How long can the hospital hold the baby here?

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

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The baby is a healthy 9lb girl

Submitted: 7 months ago.Category: Family Law
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Answered in 3 hours by:
12/18/2017
Family Lawyer: JD 1992, Lawyer replied 7 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

Unfortunately, there is no specific amount of time set forth in the law. At this point the hospital is acting as an agent of CPS but isn't actually a part of CPS. CPS can seize a child and take them and place them in a foster situation until the parent either takes the matter to court or CPS does. Typically, with a newborn testing positive for drugs CPS will go to the judge within a few days and get a specific order of removal. They will get this order as an emergency order which means with no notice or chance to be heard by the parents. That order will only be good for 10-14 days unless extended for some reason.

The court will then set another hearing to determine whether the emergency order should be extended and the parents will be served with this and have a chance to appear. The sooner the parent gets an attorney involved on their side, the better they will be. CPS has a tendency to place children in foster homes with parents who want to adopt and those are easy to find for a newborn.

The parent's attorney will then need to be aggressive in trying to get the child returned. If a parent actually does have a drug problem then they will need to work with their attorney to get into a drug counselor, etc. so they can show the court they are taking steps to improve the situation.

I've handled or been involved in hundreds of similar case, including some that went to bench or jury trials. CPS isn't really hard to bear, so long as the parents follow the attorney's advice.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

I am about to sign off for the evening but should be back online tomorrow morning. I have had issues with the website allowing me to see and pick up questions for the last two days so if you respond and I don't get back with you tomorrow morning it is because I am having issues again and I will be with you as soon as I can clear them up.

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