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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118174
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My sister just had a baby hours ago and the hoSPITAL TESTED

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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
Customer: replied 10 months ago.
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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.
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