Q: My daughter has been using meth during her entire pregnancy. Will CPS be notified when she has the baby by the hospital?
Will her remaining children be taken by CPS as well if so?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, if a newborn tests positive for illegal drugs, the hospital is required to notify Child Protective Services (CPS). In your daughter's case, if her baby tests positive for methamphetamine, CPS will likely be notified by the hospital.
Regarding the removal of children, CPS will assess the situation to determine if the child is at risk of abuse or neglect. They will consider factors such as the severity of the mother's drug use, the home environment, and the availability of safe, supportive family members who can care for the child.
CPS may also evaluate the safety and well-being of any other children in the household. If they determine that the other children are at risk due to the mother's drug use or other factors, they may remove them from the home as well.
However, the primary goal of CPS is to keep families together whenever possible, as long as the children's safety can be assured. They may offer services such as drug treatment, parenting classes, and counseling to help the mother address her substance abuse issues and improve her parenting skills.
It's important to note that each case is unique, and the specific actions taken by CPS will depend on the individual circumstances. If you have concerns about your daughter's situation, you may want to consult with a family law attorney or reach out to local resources for guidance and support.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
