I need help, this is a mess.

[Fight4mikie]

son was taken from the hospital, i tested positive. son was placed with family. this is ongoing now 6 months. was told to comply with case plan, which was to get evaluated and follow that councilors plans. was told to get into an putpatient program, which required to test "clean " to get in. if i could test clean, i woulnt need them now would I.tried several times and failed to get in. so on my own, i went to another agency, told them i needed to go inpatient, that i needed more than an outpatient program, which i did and completed... while in rehab, i was served documents for a tpr, and adoption paperwork. court is on the 12th this month, ive heard that its too late to do anything, also let me add... there were several times when i tested positive, and was not using. im scared to take there drug tests, i dont know what to do....help .

[Dazeemay]

Do you have a lawyer?

You need to look up your state laws to see what there laws are on pregnancy/drugs

Who is wanting to adopt? You said that baby was with family members; are they ones who are going to adopt?

There are case laws about TPR's involving pregnancy/drugs.

From what you said it sounds like you have done drugs. If you are not a drug user babies can still test positive.

[Dazeemay]

Here is a link to New Mexico Supreme Court these laws are important to bring up in court on the 12th that is why you need a lawyer. If you don't have one then you would have to file pro se in hopes that the judge listens.

http://stopthedrugwar.com/chronicle/200 ... upreme_cou

The link below is an advocacy link for women in your position; perhaps you can contact them

http://www.advocatesforpregnantwomen.or ... nd_issues/

The link below gives you a list of the states and what there laws are on pregnancy/drugs This was in 2000 so be sure you look up the current attitude of your state

http://www.guttmacher.org/pubs/tgr/03/6/gr030603.pdf

[Dazeemay]

This site gives a clearer picture http://www.americanpregnancy.org/pregna ... drugs.html

What does the law say?
Currently there is only one state, South Carolina, that holds prenatal substance abuse as a criminal act of child abuse and neglect. Other states have laws that address prenatal substance abuse:

Iowa, Minnesota, and North Dakota's health care providers are required to test for and report prenatal drug exposure. Virginia health care providers are only required to test.

Arizona, Illinois, Massachusetts, Michigan, Utah, and Rhode Island's health care providers are required to report prenatal drug exposure. Reporting and testing can be evidence used in child welfare proceedings.

Some states consider prenatal substance abuse as part of their child welfare laws. Therefore prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect. These states include: Colorado, Florida, Illinois, Indiana, Maryland, Minnesota, Nevada, Ohio, Rhode Island, South Carolina, South Dakota, Texas, Virginia, and Wisconsin.

Some states have policies that enforce admission to an inpatient treatment program for pregnant women who use drugs. These states include: Minnesota, South Dakota, and Wisconsin.

In 2004, Texas made it a felony to smoke marijuana while pregnant, resulting in a prison sentence of 2-20 yea

[Fight4mikie]

i have a state appointed lawyer. my cousin wants to adopt my child. i see the baby every day. i am bonded with the baby. the state does not know but ive been thereevery day, i spend the night several nights a week, and for the first 5 months, she was allowing me to take the baby from friday to monday, the father is also bonded with our baby. we both want the baby, i am now off pain management. the drugs i was using were from a doctor. now that im off the pills, i cant move my neck, shoulder or right arm. i cant get a job like this, i can not get aide from the state, i dont have medical insurance. and now i have no place of my own to live. the state wants me off drugs, to be self supportive, and have a home for our baby. it seems out of reach. in the beginning my cousin wanted me to have the baby back, ive heard from other family members that she is attached to the baby, she wants to keep him, she will throw wrenches in my case to keep him. (she is 35 and never had a child of her own)..the father of the baby has been trying to get coustody, he has no lawyer, is on unemployment, i was married to someone who is not the father, he has the legal rights. i am with the biological father, who has no rights to the baby. he has tried to sign the birth cert. and was told he can not, he is now in the process of filing a perental rights packet at the court, but is having problems...again he has no lawer. we have no money. i cant even get food stamps in this messed up state due to the laws here. i go to court again soon, i dont know what to do, i would just die if they trake my baby from me. i have 2 sons that are grown now, i have never been involved in cps before. its been 6 months and i was told that im out of time, that i should have completed my case plan. IS IT POSSIBLE TO STOP A TPR, AND ADDOPTION...THIS IS THE FIRST COURT HEARING ON THIS? I know this story makes me look like a p.o.s. but im not, im a very good mother that has an addiction to pain meds, ive been on them for 15 years..if i cant get my baby, shouldnt his father be able to get him somehow??? this is so depressing.

[Fight4mikie]

LET ME ALSO ADD... THE BABY DID NOT TEST POSITIVE AT BIRTH, NOR WAS ADDICTED TO ANYTHING. HEALTHY. I WENT TO HOSPITAL 1 MONTH EARLY BECAUSE I WAS IN PAIN, THE TOOK BABY BY C- SEC. CPS WAS GOING TO LET THE BABY COME HOME WITH ME, UNTIL THEY TALKED TO MY FAMILY, MY FAMILY TOLD THEM I HAD A DRUG ADDICTION YEARS AGO, AND A BUNCH OF STUFF THAT HAPPENED IN THE PAST...CPS DECIDED AFTER FURTHER INVESTIGATION THE BABY SHOULD BE PLACED WITH THEM. THE PAPERWORK WAS ALL A BUNCH OF LIES, LIES LIES...I COULDNT BEILIVE IT. EVEN MY FAMILY STATED INFRONT OF THE JUDGE THOSE WERE THINGS THAT HAD HAPPENED YEARS AGO. EVEN THE NURSE AT THE HOSPITAL SAID LIES ON THE REPORT. I WAS TOLD JUST TO COMPLY AND WORK THE CASEPLAN, SO THATS WHAT IVE BEEN TRYING TO DO...I THINK IT WAS THE WRONG THING TO DO...IM NOT SURE.

[Dazeemay]

Court appointed attorney's are not the best in the world but, you have no choice in the matter so you are going to have to somehow convince him or her they are to defend you in spite of your being in the position you are in. My understanding from talking with a lawyer you have to give them strong belief in you and that you are not just a nobody from nowhere.

I feel one of the ways to do that is to show evidence that you have done some research on your behalf. So, here is what you need to do. Read this first link http://fightcps.com/2008/05/25/who-will ... your-case/

Now that you have read on filing a dec of facts and objections/corrections viewtopic.php?f=9&t=4274 you can add case laws to your dec of facts such as this one http://advocatesforpregnantwomen.org/wh ... ourt_1.php This case law is crucial to your case and the next one.

Next according to cps manuals they are to provide housing for you and there are case laws about that

For parents who are struggling with homelessness as a function of other issues such as
domestic violence, substance abuse or mental illness, the parent attorney has to consider the
multiple layers of the struggles facing the family. Courts and agencies are reluctant to return
children to parents with unstable housing, even if the parent has addressed all other issues which
were the basis for the dependency case. Three recent cases in California illustrate the changing
tide and the courts pressure upon the agency to assist parents with housing as an aspect of family
reunification.
Division Eight of the Second Appellate District (Los Angeles) reversed a judgment
terminating parental rights based, in part, upon a failure by the Department to assist a father in
obtaining housing.21 The Court of Appeal observed,”[i]nstead of crafting a plan to help [father]
obtain affordable housing for his family, DCFS recommended termination of services and
severance of the familial relationship.”22 A similar result was reached by Division Three of the
Fourth Appellate District (Santa Ana) in In re P.C. (2008) 165 Cal.App.4th 98, where the court
reversed a judgment terminating parental rights based on the Agency’s failure to assist mother in
obtaining acceptable housing.23 Mother had completed all components of her case plan, and the
appellate court reasoned the evidence established the Agency “failed to do its part in helping
mother find housing [the Agency] could determine was suitable.”24 Finally, Division One of the
Fourth Appellate District (Riverside) held that mother’s residence in a shelter after she had
completed her program did not preclude return of minor to her, even though minor did not want
to reside in a shelter.25 In so holding, the court of appeal opined, “[p]roving substantial
detriment [to return child] cannot mean merely proving that a parent's living arrangement is less
than ideal.”26

http://www.abanet.org/child/parentrepresentation/PDFs/100.pdf

[Momoffor]

what state are you in?

[jamesschmidt]

Do you have a lawyer?

You need to look up your state laws to see what there laws are on pregnancy/drugs

Who is wanting to adopt? You said that baby was with family members; are they ones who are going to adopt?

There are case laws about TPR's involving pregnancy/drugs.

From what you said it sounds like you have done drugs. If you are not a drug user babies can still test positive.

https://dss.sc.gov/content/library/manu ... ective.pdf


South Carolina Department of Social Services
Human Services Policy and Procedure Manual
CHAPTER 7, Child Protective and Preventive Services
1. When a referral involves drug or alcohol exposed infants, the following intake typologies
should be used when the referral alleges the facts described. This list does not preclude
intake for these and other typologies when the facts related by the reporter support them.
-
physical abuse
when there is evidence at birth that a blood or urine test of the child at birth
shows the presence of any amount of a controlled substance or a metabolite of a controlled
substance unless the presence of the substance or the metabolite is the result of medical
treatment administered to the mother of the infant or the infant.
This relates to evidence of the direct delivery of a toxic material to the fetus by the mother.
-
substantial risk of physical abuse
when the mother tests positive for any amount of a controlled substance or a metabolite of a controlled substance unless the presence of the
substance or the metabolite is the result of medical treatment administered to the mother of the infant or the infant
but the child does not test positive. This relates to the presence of a toxic material in mother but no direct evidence of delivery to the child at this point.
and/or
-
physical neglect
when the child at birth exhibits withdrawal symptoms or other physical
problems associated with fetal drug exposure or fetal alcohol syndrome diagnosis but does not have a positive drug screen. This relates to indirect evidence of delivery of a toxic
material to the unborn child.