Ask a Lawyer and Get Answers to Your Legal Questions
Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?
By the way, the system will automatically ask for a phone call. By no means are you required to accept it.
Great, thanks one moment...
Ok, the answer to your question is probably not yet, but it is critical that you speak with someone other than the caseworker about this issue. Under Kentucky Revised Statutes(###) ###-####12), CPS has authority when it appears as if a parent using drugs. Generally, the length of time they can hold the child is 72 hours. Has it been that long yet?
I see what you mean. Yes, she should be able to sign him out or get him transferred to her local hospital. If it has been less than 72 hours, then she won't be able to. It is possible that a judge may hold a hearing to see if the baby is safe to be with her, but if he did not test positive for drugs, it is likely that this will not be the case.
Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?
Good question, that is 72 hours from the date the ECO (emergency custody order) is filed by CPS, not including weekends and holidays. So, it was probably 72 hours from the date your daughter popped positive.
The pleasure is all mine! Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required!