Newborn positive for marijuana - CPS called (Massachusetts)

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idk2n9
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Newborn positive for marijuana - CPS called (Massachusetts)

Postby idk2n9 » Sat Nov 03, 2012 4:42 am

My girlfriend had anxiety and bi-polar depression before she got pregnant, along with an eating disorder (she weight 87 pounds before she got pregnant) and was on meds that were working well. When she became pregnant, they told her she had to stop the meds immediately, because they could harm the baby. They said they could prescribe her something else that may or may not help her, and may or may not be harmful to the baby. She had horrible nausea her entire pregnancy, and also developed gestational diabetes, so it became vital for her to eat certain foods, at certain times, which is very hard when you're vomiting, have an eating disorder and anxiety and depression. She smoked marijuana to help with the nausea and get an appetite so she could stick with her gestational diabetes plan. It also helped tremendously with her anxiety. She went to both her regular doctor and her OB asking for their help with it, and they both said they could put her on some medication that may or may not help you and may or may not harm your baby. She asked if the marijuana was harmful, and they said they were unsure of that, but that it was illegal, so she shouldn't do that.

So, they reported her, the hospital drug tested her and the baby, and they both tested positive for marijuana. They called CPS and said they would call us next week, after we are home, to set up a meeting.

We also have a 3.5 year old boy who has autism, and we have done everything we possibly can to help him out. We contacted Early Intervention on our own and started services in the house 1 day a week, plus a weekly group. We also started ABA 3 times a week for 3 hours at a time. He has made amazing progress in his development, and is now testing above his age group in some areas. He is now in his second year of pre-school with specialized help: speech therapy, ABA, occupational therapy, etc.

We have never been involved with CPS, have no legal record, our house is clean and we have dozens of certified child care professionals who will attest that we are great parents.

What do you think they will do? Is there anything I should do?

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Sat Nov 03, 2012 7:39 am

You should move. Far, far away. Out of the state at a minimum. And change your names.

Or be prepared for the worst 2 years of your life, followed by the devastating, permanent loss of your children.

You're f*cked. I can elaborate if you want, but with mental illness x3, illegal drug use DURING PREGNANCY and an eating disorder, they won't let mom be mom. With you "allowing" her to use drugs during the pregnancy, they will claim you failed to protect so you won't get to be dad. Your autistic child means BIG money for CPS when they take him and put him in "theraputic foster care" -- like $10,000 a month big money from the feds ON TOP OF the money they already get from the state. They will place your children in foster care (where they are 6x more likely to be abused), drag you through parenting classes, counseling, therapy, rehab, puny visitation schedules (cancelled on a whim), multiple court dates and stress like you could never imagine. Then at the end of this two year nightmare, they will tell you there is no hope for you and terminate your parental rights and adopt out your children to strangers.

If you have any squeaky-clean-background relatives, like parents or grandparents, take mom and the kids there NOW and don't tell CPS where they are... tell them they are visiting relatives. Read this for starters: http://familyrights.us/how_to/fight_cps.html
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Sat Nov 03, 2012 7:42 am

Oh, and since you're in Mass.... you have more information here if you want to research and possibly use as an attorney if you choose to stay and fight: http://www.massoutrage.com
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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idk2n9
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Sun Nov 04, 2012 2:47 pm

Are you serious? One of the nurses at the hospital spoke to her friend at CPS. She started explaining the situation and the lady cut her off and said, "Honestly, marijuana is not even a big concern of ours right now. We don't have the time or resources to deal with it, and more often than not, the case is just dropped."

Is she just full of it?

She asked both her regular doctor and her OB about marijuana very early on in the pregnancy. They told her, it's illegal so she shouldn't do that, but the only other thing they could offer her, was pills that cause possible birth defects. One of them went so far as to say, "I can't tell you what to do, but you know your body best."

I'm freaking out right now, if they try to take our kids, I will be devastated. :cry:

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Sun Nov 04, 2012 3:31 pm

I'm serious. You can look through my nearly 2,000 posts and 99% of the time I am telling people how to fight. You case has too many wildcards/factors. Some people have ethical objections to prosecuting marijuana offenses and don't really pursue it, but during pregnancy? Not too many people are going to be lenient on that. Hey, maybe you'll get lucky and they won't. But then the mental illness, and you special needs child???? And a new, wee baby that some family is just DYING to adopt? (Big bonuses for adoptions too, even more for special needs children).

Whatever you do, do NOT, under ANY circumstances open the door for CPS or the police without a warrant that specifically details their rights to do so... and you have to CAREFULLY read the warrant, or what they CLAIM to be a warrant. It could be a summons for you to appear in court, or for you to allow them to interview you, or a PRECEPT which is a summons for a child. Do you have a copier or scanner at home? Copy it... or take a picture with a cell phone. If you don't completely understand it as a warrant to enter your home WITH proper cause, and your names, address, etc. all correct and SIGNED by a judge (not a rubber stamp)... refuse on any and all grounds possible. Once they show up with that, you're a marked family and they'll be coming to get your kids.

Talk to them through a window. Have a recorder going and TELL them you are recording them. If they don't want to be recorded, then tell them they are free to conduct their business via paper. Your state law is awesome on this... it states that THEY are to leave if they don't want to be recorded. http://www.citmedialaw.org/legal-guide/ ... ording-law

If they choose not to talk, tell them to write down what they want to say/ask, or go away and send it in the mail. Ask them for the allegations -- if they don't have them written down for you, then have them read them to you and WRITE IT DOWN!!!! Write down everything they say, everything you say (write it BEFORE you say it).

You have to protect your rights... if you don't, you will waive them. Don't give them any evidence go forward. I hope they don't have her medical/mental health history already... don't give it to them. They can't do anything without a court order. Be pleasant and calm... do NOT give them "uncontrollable anger" as "probable cause" to break down your door. All the while you are recording, pretend you are standing in front of a judge, because in the long run, that is where this could end up.

Very often, they don't bother getting a petition to take the child right away... can usually scare the sh*t out of you by showing up with cops in tow, flashing papers in your face and telling you they are there to take your kids because they have the authority to do so. The usually DON'T.

I'm serious, dead serious. If they show up again, pack your bags.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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idk2n9
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Sun Nov 04, 2012 4:55 pm

Unfortunately, I was not there when anyone of this went down - I was at home with our other child. A social worker talked to my girlfriend in the hospital. She told her that they both tested positive for THC and asked her about it. My girlfriend told them she did smoke marijuana to help with her anxiety and nausea - she was horribly sick through the whole pregnancy. She also developed anemia and gestational diabetes, so it was extremely important for her to be on a strict diet and to eat regularly, so it was crucial to control the nausea. It also helped with her anxiety and depression, since she was taken off her mood stabilizer and anti-depressant due to the pregnancy. She told them that she talked to both her OB and her regular doctor, and told them about the problems she was having, and that marijuana had helped her in the past (when she was not pregnant). They both told her that she shouldn't do that because it's illegal, and that they could offer her a new medication, but it may or may not help her, and it may cause birth defects - which was not something she was willing to do.

The social worker said that CPS will call us this week once we are home from the hospital, and they will want to set up a home visit.

Is that a good sign? Wouldn't they try to not let her take the baby home from the hospital if they were really concerned? On the other hand, are they just trying to make it sound like they aren't concerned so we'll let them come to our house? Please don't get me wrong - I am not in any way trying to argue or say that you are wrong, I am just trying to understand all of this, and I REALLY appreciate your help!!!!

We live in an apartment building, on the 3rd floor, so there is no way to talk to them through the window. I could go out in the hallway with them, which will be pretty embarrassing, but better than the alternative.

Thanks for the info about recording them - I will definitely use that.

We definitely did not give them permission to have her health records, the hospital can't turn them over, can they?


Again, we have no criminal record of any kind, but she is on SSI disability. I'm assuming they will try to use that against her as well?

Moving would be extremely difficult for us. We have a lot of family here, and would not want to move away from them. But at the same time, if we had to fight it, our lives living here would be changed substantially. We could get dozens of child care professionals (from Early Intervention, ABA, Doctors, Specialists, teachers, etc.) that would say that we are amazing parents. But, then they would all know what's going on, and we probably wouldn't want to live around here anyways.

I hate this :cry:

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Mon Nov 05, 2012 9:57 am

idk2n9 wrote:Unfortunately, I was not there when anyone of this went down - I was at home with our other child. A social worker talked to my girlfriend in the hospital. She told her that they both tested positive for THC and asked her about it. My girlfriend told them she did smoke marijuana to help with her anxiety and nausea - she was horribly sick through the whole pregnancy. She also developed anemia and gestational diabetes, so it was extremely important for her to be on a strict diet and to eat regularly, so it was crucial to control the nausea. It also helped with her anxiety and depression, since she was taken off her mood stabilizer and anti-depressant due to the pregnancy. She told them that she talked to both her OB and her regular doctor, and told them about the problems she was having, and that marijuana had helped her in the past (when she was not pregnant). They both told her that she shouldn't do that because it's illegal, and that they could offer her a new medication, but it may or may not help her, and it may cause birth defects - which was not something she was willing to do.


Did she tell the social worker about the anxiety, depression, eating disorder, bi-polar????? If yes, danger, danger, DANGER. I understand you have your reasons, but some people -- including the courts -- will accept no justification for breaking the law.

The social worker said that CPS will call us this week once we are home from the hospital, and they will want to set up a home visit.

Is that a good sign? Wouldn't they try to not let her take the baby home from the hospital if they were really concerned? On the other hand, are they just trying to make it sound like they aren't concerned so we'll let them come to our house? Please don't get me wrong - I am not in any way trying to argue or say that you are wrong, I am just trying to understand all of this, and I REALLY appreciate your help!!!!


She wants to talk to YOU so she can build a case against YOU as well, and she wants to see the home so that when she sees a few dirty dishes in the sink or smudges on the fridge she can add to your case that your home is FILTHY. And she'll report that your neighborhood is dangerous, and that the home is unsafe because you have knives in a butcher block on the counter that your oldest can get to.

We live in an apartment building, on the 3rd floor, so there is no way to talk to them through the window. I could go out in the hallway with them, which will be pretty embarrassing, but better than the alternative.


No... they're not coming into your home NOR are they coming to your building. Here's the deal... they have to investigate the allegations/report and ONLY the allegations/report. The report was that she tested positive for mj. She discussed this with your wife. That is ALL THE EVIDENCE THEY HAVE AT THIS POINT -- DO *NOT* GIVE THEM ANYTHING MORE. I repeat... DO NOT GIVE THEM ANY MORE EVIDENCE!!!!!! You have the right to remain silent and you MUST preserve your rights. We humans have this instinct to answer a question when we are asked. Our parents and school teachers imparted this on us. It's normal to want to answer a question... you will have to learn to SHUT UP in the face of a caseworker. Let me clarify... SHUT UP, SHUT UP, SHUT UP! Seriously, I'm normally not this harsh with people, but you're a guy and I'm not going to beat around the bush. Practice with your wife, NOT responding when she asks you a question. Just smile. Here is the script that I give people when advising them on how to handle a CPS visit:

Keep in mind that if they get a referral that is worthy of investigation, they MUST complete an investigation. You want to give them *ONLY* what is necessary to complete & close their investigation. They will fish for other things to try and find something to use to worm their way into your lives. It means money for their department to put your kids in foster care, drag you through court, make parents take classes, etc. Some caseworkers are reasonable and just want to ensure that your child is safe and well. Others are power-hungry control freaks who will go to great lengths (lying, primarily) to take your kids.

If/when they come, be pleasant & polite, but firm and confident. They need to see that you are in control of yourself, your home & your family. Your initial exchange should be something like this:


CW: I'm here from CPS to investigate a report we received at CPS regarding your children.
You: Please wait here.... [run and get pad of paper & video recorder]
You (on your front porch): What is the allegation? Please speak slowly, I'm going to write this down in case my video recording fails.
CW: We received a report that your home was filthy and unsafe for children.
You: Which rooms were allegedly messy?
CW: The report didn't say.
You: Are there any other allegations?
CW: We were told that you had no food in the home.
You: Are there any other allegations?
CW: No.
You: Please wait here... I will take a photo and bring you the evidence you need to close your report.
CW: I need to come and inspect.
You: Do you have a warrant?
CW: No.
You: Then I will preserve my 4th amendment right against illegal search & seizure and not allow you in. You can wait right here on the porch.
....
You: Here is a picture of the kitchen, living room, bathroom & child's room. Here is a picture of the stocked refrigerator & food pantry.
CW: I need to see a picture of your bedroom & basement.
You: Those are not rooms that the children are allowed in and not part of your investigation, which concerns only the children and, thus, the rooms they are allowed into.
CW: Grrrrrr.... well, I have to do a complete investigation and ask you more questions.
You: I've given you everything needed to close your investigation based on the allegations you provided.
CW: Do you take drugs?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Are you employed or on public assistance?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Has your child missed any school this week?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: We need to determine whether your child is healthy. When did he last see a dentist?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: Where is your husband and how much alcohol does he drink?
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.
CW: If you don't tell me, I'll take you to court.
You: This has nothing to do with the allegations you are investigating. You have enough information to close your case.

Do this all with a smile, calm and confident. Again, write down EVERYTHING (write down what you're going to say BEFORE you say it, then read it to his/her) while you're recording it. If you child needs your attention during this process, tell them that your child needs you and would they please wait on the porch while you tend to his/her needs. Shut door in face and do what you have to do, then come back when you're available.

You will send a clear signal to them that you are NOT going to be an easy target for them.


Adapt it to your needs, but I would absolutely NOT agree to have them come to the house. When they call for this appointment, if they do, tell them that you'll meet them at a neutral location, like a park or McDonald's. You can set up a recorder and tell them you're recording and if they balk, they can walk. Tell them to do their investigation in writing if they refuse to be recorded. You can tell them at the time you set up the appointment that you WILL record the conversation and if they are going to refuse to be recorded, then don't bother with a meeting, just send me the allegations in writing.


We definitely did not give them permission to have her health records, the hospital can't turn them over, can they?


No, not without a court order. They could probably get one based on what she told them, but HOPEFULLY it will be ONLY the hospital medical records and nothing more.

Again, we have no criminal record of any kind, but she is on SSI disability. I'm assuming they will try to use that against her as well?


Oh, yes they will. There was a guy on here last year whose wife had infrequent epilepsy and CPS wanted to dictate that she could NEVER, EVER be alone with her children. Absolutely asinine. They will use depression -- even temporary/postpartum/situational depression and built it up into the mother is going to kill her children and take her own life due to the severe, debilitating depression. Now, keep in mind, the LAW says that mental illness that INCAPACITATES a parent is grounds for termination of parental rights, but there are CPS offices/caseworkers that go way overboard in their "prosecution" of imperfect parents. Why? Because when the federal gov't made money available to the states to help them get their CPS services under way, the states hired lots of caseworkers to handle these abusive families. Then, as time went on and they addressed abusive/neglectful parents, the calls started dwindling (not going away completely, but fewer than before) but now they had hired SO many case workers that they had to keep them funded... and STILL have to keep them funded. So to keep the money rolling in, they have "lowered the bar" on what constitutes abuse & neglect. Now if you miss a well-baby check up, you are guilty of "medical neglect" and they will TAKE YOUR CHILD!!! I am not sh*tting you. Stick around and you'll see some absolutely ridiculous stories.

Moving would be extremely difficult for us. We have a lot of family here, and would not want to move away from them. But at the same time, if we had to fight it, our lives living here would be changed substantially. We could get dozens of child care professionals (from Early Intervention, ABA, Doctors, Specialists, teachers, etc.) that would say that we are amazing parents. But, then they would all know what's going on, and we probably wouldn't want to live around here anyways.


Okay, then you are going to stay and fight. You are going to refuse to give them anything more than they need to close their case. Please know that they will LIE through their teeth and tell you that you MUST allow them to inspect your home in order to complete their investigation and you MUST do a drug test and you MUST submit to a psych evaluation... these are ALL LIES. Read your state law. ... Ha! I just went to search for your state law and look what I found... I did not write this, but it's echoing everything I'm saying to you.... I may just be a crazy lady from the internet, but at least I'm not alone. :)

http://www.masslegalhelp.org/children-a ... ts-and-dss

Calling my parents when this all started was SO hard. There is an element of shame, embarrassment ... you don't want anyone to know. But, you need to tell someone what is going on... whomever is your first choice to either take the kids OR have them come live at your house with the kids. CPS will try and make it sound as if you're a danger to your children and that you can't be around your kids unsupervised... this is how they start dividing up families. You are NOT a risk to your kids, but they will act as if you are. Please know that right now, your wife will be portrayed as the drug addict and you'll be portrayed as the loser husband who supplied her with drugs all through her pregnancy, in complete disregard for the baby's health. This means they will likely try to get both of you away from the kids. Tell them that it's not necessary, but you WILL agree to having someone there at the house, if you have a parent/grandparent that can come live with you guys, or a family friend who is available. Everything is negotiable, so if they come with a warrant, then start negotiating ANYTHING but taking the kids away. While they may secure their rights to take legal and physical custody of the kids, they don't HAVE TO. Have a trusted friend on call who can come over at a moment's notice... worst case, they move in, you two move out. Person must have squeaky clean background.

I hate this :cry:


I know, it sucks. It is SO hard on families, and you're just at the risk stage... just imagine if they show up at your doorstep tomorrow with police and a warrant to take the kids... prepare for the worst. Also, you need to find your state law(s) that says that CPS must try to place children with FAMILY first, not right to foster care. You need to hold them to this law. It is also federal law/guidelines which you can find here:

http://www.childwelfare.gov
select Systemwide
select State Statutes Search
click your state
click box for Placement of Children with Relatives (under Child Welfare)
select GO!

Print this out and have it ready... even better, find the actual code in your own state's laws and print that.
Requirements for Placement with Relatives
Citation: Ann. Laws Ch. 15D, § 6
Prior approval of the home by the Department of Early Education and Care is not required for emergency foster placement of the child with a relative or long-term friend of the child's family. Within 10 days of placement, a criminal offender record check must be performed on all persons age 18 or older who reside in the home.


Whatever happens, hold them to the law and make sure they try to place with family or friends and NOT foster care. The statistics are NOT GOOD when it comes to getting your child OUT of foster care. You can fight this, but YOU MUST PRESERVE YOUR RIGHTS TO PRIVACY!!! And do NOT give them any more information. Your wife must do the same.

Now you have work to do. I hope you are moving from scared to pissed. It is a natural progression... I was so scared when all of our crap started, then I got on this website and got MORE scared... then I hired a good lawyer and did a lot more research and I got FIGHTING MAD!!! You need to get there soon.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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monkette31
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby monkette31 » Mon Nov 05, 2012 9:12 pm

There's some lawyer in California, named L Wallace Pate, who is going after the hospitals and administrators who are illegally testing and reporting patients to DCFS. YOu may want to contact her and see what she says about your situation. There are strict privacy laws preventing hospitals from doing this without cause.

It is true that in some offices, marijuana is seen as nothing to move over, however when they want to steal your children, even if you have a medical license they will claim it is federally illegal, but that is just them being discretionary.

I really doubt you are going to get out of this under six months of service, even if it is a service plan, safety plan, voluntary case, family preservation or whatever they want to call it. They don't necessarily have to take your children but will if you get pissy, mention any american rights or don't bow down and kiss their ass at every opportunity you can get.

Watch for the federally funded ABA therapists to put in an emergency order for more therapy, which they'll most likely get. Their reports on that will matter to the case, as cps feeds off of disabled children in particular. I am quite sure, the term disabled, which gets thrown on, when children are medicated, autistic, in the autism spectrum, any mental health diagnosis of depression are where the big money is for all involved. They work as a team in sucking the monies out of your child.

And if your child is physically injured while in their care or in a negative environment, none of that matters, they're just after the almighty dollar and they hire communistic ayeholes to do the dirty work.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

idk2n9
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Tue Nov 06, 2012 3:35 pm

monkette31 wrote: They don't necessarily have to take your children but will if you get pissy, mention any american rights or don't bow down and kiss their ass at every opportunity you can get.

This is exactly what I was worried about - I don't want to make things worse than they are. We have so many people that will vouch for us it's insane. WE called Early Intervention for our first son. WE brought him to the specialists. WE signed him up with ABA. Every professional we've dealt with along the way raved on and on about how great we were. They said they wished the other parents they dealt with cared or tried even half as much as we do. We have no record, it's medically documented that she reached out to 2 different doctors BEFORE using the marijuana, and they both said: "There's no conclusive evidence out there that says it could do any harm, but it is illegal, so you probably shouldn't do it." They said the other option was psych meds that would have side effects for her, may not work that well, and there ARE conclusive studies showing they could cause birth defects. The baby was born perfectly healthy - in fact he had some of the lowest jaundice scores possible. Everything on his charts (other than the tox screen) show normal and perfectly healthy.

Our house is spotless always, it's extremely safe, child-safety everything, gates restricting access to 100% child safe areas, 2 parents home 99% of the time. I feel like it would extremely hard for them to try and paint us as unfit parents. It seems that if I go on the hardcore defensive - I'm inviting them to give us real problems.

DCF called today - they said when there's a kid under 3, they automatically refer them to Early Intervention. I told them we were familiar with them from our first son, and they said that's great, and if we wanted to call them and get it set up on or own, that would be excellent. (Seems like a good sign?) She said there's nothing in our 51a that shows any immediate concerns, and they just want to follow up.

What do you think? Play it nice for now?

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Tue Nov 06, 2012 4:35 pm

The calm before the storm.... maybe they don't know the extent of her mental illness issues? Or maybe they're not going in for the kill. Be on your guard.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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idk2n9
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Tue Nov 06, 2012 5:49 pm

Eljay wrote:The calm before the storm.... maybe they don't know the extent of her mental illness issues? Or maybe they're not going in for the kill. Be on your guard.

Oh I'll definitely be on my guard. I think I'll try playing nice first and see where it gets me. Like the old saying, "You catch more flies with honey than vinegar." I hope like hell that's true in this case!

fatherofthree
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby fatherofthree » Sat Nov 10, 2012 8:26 pm

A positive THC on the baby will get cps called. What happens with a marijuana case really depends on the specific jurisdiction. Some places really don't care, and the courts will not do anything. In others it is a removal of child. Add the other issues and you can be sure the hospital social worker will call to make sure the mother can care for the child. Hospital social workers are often former cps social workers.
DISCLAIMER: I am not an attorney and am not providing legal advice.

idk2n9
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Tue Nov 13, 2012 5:38 am

We had our first visit and it actually went very well. The lady was very nice, she said she felt bad for us and felt the system let us down. They didn't make any demands of us - they asked if the mother was seeking treatment for her mood disorders, which she is. They wanted to refer the baby to Early Intervention, but we said we could do that ourselves since we knew people in EI that worked with our son. She thought that was great, so we set that up ourselves. She did want the names / numbers of a few family members, which we gave her, because we really do not have anything to hide. We were completely honest with her, and she apologized to us that her doctors had not been more helpful or given her better advice. She was amazed by what we've done with our other son (we have a binder of EI / ABA paperwork that is literally 10 inches thick). After being here, talking with and playing with him, she had no idea he was autistic and said "Oh, he must have had a really mild form." We showed her his first paperwork and screening tests as well as his latest to show her how far he has come, and she was blown away. She said normally they would offer some parenting classes or someone to come to our house to teach us about childcare, but she didn't think that was necessary, because we "clearly know what we are doing."

Sounds pretty good so far! :D

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Tue Nov 13, 2012 11:57 am

I'm skeptical, but hope that you've got someone who believes you and doesn't have a supervisor who will go in for the kill. :)
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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monkette31
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby monkette31 » Tue Nov 13, 2012 1:37 pm

She did want the names / numbers of a few family members, which we gave her, because we really do not have anything to hide.


Well, she is going to call these people up and dig for pathology, in a nice way, then she will take everything that she has found and bring it to her supervisor....if the supervisor sees that she has mental health issues, eating disorder issues, just an amount of issues beyond the marijuana, they will probably very nicely ask you to sign a safety plan, which includes the early intervention plan, maybe some help for the mother.

A plan for these services. Oh, they will tell you there's nothing to worry about, that you're just fine, that's what they told us too....

They are calling your family members which indicates they are still digging. You'll have an open case if anyone should remark their concerns and be flapjawed about your wife and family. I bet they try and get mom into services, they're just being very sneaky about it now.

I really would like to see them just close the case, so please come back and let us know when they do....
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

idk2n9
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Thu Nov 15, 2012 9:21 am

As far as calling family members - they have nothing but great things to say about us. As far as services go - they offered, but we told them she is already in treatment, they said that was fine. They said they had to refer the baby to Early Intervention, we said we'd like to call them and set it up ourselves since we have history with them. She said that was fine as well. EI already came out, said the baby is perfect, and they won't be coming here for very long. They said they need certain criteria to be able to do so, and we aren't even close to that, so they will be closing our file soon.

DCF said - there are certain things she must by law, and she will just do that (the minimum). If it weren't for the laws outlining what she must do, she would've closed our file the day she came here. She said the services we are getting on our own are as good or better than what she could offer, so it makes no sense for them to provide services for us. She already gave us a date when she will close the case - which is the earliest day she could by law. She said she feels really bad that we had to go through this, and thinks we were "really let down by the medical community." (Her exact words). She was only here for maybe 30 minutes, was very polite and understanding, and was impressed by how much we have done for our first son, and how much we were doing right now as well.

If she's lying to keep us friendly - then she should win an Oscar for her performance, but it really doesn't seem like that's the case.

She even said herself - it's virtually impossible to push a case of neglect when both children are perfectly healthy and happy, and the parents are doing everything possible to provide a good life for them.

Another thing to consider, is that medical marijuana was just passed here in Massachusetts, and according to how the law is written, a pregnant women COULD be legally prescribed marijuana. I'm sure that makes it harder for them to press the issue.

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Eljay
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Eljay » Thu Nov 15, 2012 10:35 am

idk2n9 wrote:She was only here for maybe 30 minutes, was very polite and understanding, and was impressed by how much we have done for our first son, and how much we were doing right now as well.
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She even said herself - it's virtually impossible to push a case of neglect when both children are perfectly healthy and happy, and the parents are doing everything possible to provide a good life for them.


Well, there *are* reasonable case workers out there and I'm so glad you got one! It is also a testament to your awesome parenting and self-confidence because you're clearly not easy targets. There are "CPS cultural norms" wherein they perceive *ANY* drug use as neglect, whether the child was neglected or not. The problem is that many CPS offices have been prosecuting/taking children away under this foundation for YEARS. Just two weeks ago, the CA Supreme Court finally had it's first challenge and ruling in favor of a mother who used drugs but did NOT neglect her child in any way. This is the first case/family in many years of CPS prosecution who pushed the issue all the way through the appellate process to have it reversed. It's truly a landmark case: viewtopic.php?f=108&t=12591

What is this date she gave to close your case? Is it an investigation (usually 30-60 days) or a "case" (or service plan - 180 days)?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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monkette31
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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby monkette31 » Thu Nov 15, 2012 2:49 pm

I am glad for your family, you see what could have been. There's one last detail you want to take care of, just to ensure that your wife is not going to be "indicated" with your State's Department of Justice. Whenever it's found that an allegation is substantiated, (could be marijuana use here) the parent is usally put on the CACI list, a database, your state's doj, that says she has been substantiated for "drug use", whatever.

I would ask the caseworker about that, she will most likely tell you that nothing has been substantiated or indicated on her reports as your wife being indicated.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

idk2n9
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Joined: Fri Nov 02, 2012 11:17 am

Re: Newborn positive for marijuana - CPS called (Massachuset

Postby idk2n9 » Sun Nov 18, 2012 5:19 am

For closing the case, she said there was a mandatory 15 day "investigation period" and then the case has to remain open for 21 days after that, during that time we have to keep doing what we say we would do (allow Early Intervention to check up on the baby, mom going to her psychiatrist, etc.), then it will be closed.

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Re: Newborn positive for marijuana - CPS called (Massachuset

Postby Humble1 » Tue Dec 25, 2012 12:38 pm

The situation of allowing them to come and take the child seems like insanity to me their logic is also insanity. Had I to do over I would not have answered the door and left...

More seven week old daughter do need to be passed around from social worker to social worker. They should not have different irresponsible people handling my daughter.

The foster patent did not even THINK to read the formula label to see the proper way to measure out the water to formula ratio.

No changing pad.... Hair enclosed in my daughters bottle.

I am still supplying my daughters milk bc THE STATEs grants don't cover the cost of the milk she was on b4 they took her from her home.

All the best that choose to or now have to comply has I to do it all over again I'd spread my broad wings and fly.


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