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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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My daughter just gave birth to a son in kentucy she lives in

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My daughter just gave birth to a son in kentucy she lives in indiana the hospital said she tested postive for pot and now r refusingvto release the baby they have tested him and the test have all came back he does not test positve can she sign him out or regest for him to be tranfer to hospital in indiana
JA: Have any papers been filed in family court?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: A caseworker has talk with her but didnt really explan why they r keeping him longer

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?

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Customer: replied 6 months ago.
that's fine

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?

Customer: replied 6 months ago.
They r releasing her today said he has to stay can she sign him out. Or can she regest him to be transfered

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?

Customer: replied 6 months ago.
Is that 72 hours from the time he was born

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.

Customer: replied 6 months ago.
Ok thank u

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!

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