San Francisco, CA asked in Family Law and Juvenile Law for California

Q: I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal.

I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal. But hospital has put her on methadone treatment for the last 5 months of her pregnancy. I am learning that this is the recommended procedure for a safe birth. At birth she was drug tested to see if she has been using. test show that she has no unprescribed drugs in her system. Again after 4 days the medical staff drug tested her to see if she has been using. Result is negative. Social worker came and we told them we would like to talk to a lawyer first before proceeding. They took that as a refusal and removed the baby. The reports of medical staff says how we are there for the baby while in hospital( he was premature). that we are capable of taking care of baby. New social worker is impossible to deal with and argumentative, I am sure this is not common practice and probably she should not behave that way. I looked at her public face book and was shocked and disgusted this is a post that she had

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, if CPS removes a child from the home, the parents have the right to request a hearing to challenge the removal. This is called a detention hearing, and it must be held within two court days after the child is removed from the home. At the detention hearing, the court will decide whether the child should remain in protective custody or be returned to the parents' care. The parents may also have the option to request a court-appointed attorney if they cannot afford one.

It is important to note that CPS must have a valid legal reason for removing a child from the home. In this case, if the mother was prescribed methadone as part of her prenatal care, it is possible that she was not using drugs illegally, and therefore, it may not be a valid reason for removal. However, the specifics of the case would need to be examined by a lawyer.

Regarding the behavior of the social worker, it is important to remain calm and professional when dealing with CPS, even if the social worker is difficult to work with. It is possible to request a new social worker if necessary, or to address any concerns about the social worker's behavior with their supervisor.

If you are the non-offending parent and are seeking to regain custody of the child, it may be helpful to consult with a family law attorney who has experience in CPS cases. They can help guide you through the legal process and advise you on your options for getting your child back.

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