Drug addicted babies

childwelfare siteright, so the doc. mentions"Using a controlled substance that impairs the caregiver’s • ability to adequately care for the child"In class, I learned the CW determines if it does (in their opinion) IMPAIR the caregiver's ability to adequately.......I was told that when it comes to risk assessment, CWs do not consider the LEGALITY of a behavior, they determine if the drug use IMPAIRS or not. There's your loophole. Again, noone can hold CWs or magistrates accountable if the law allows for this level of personal, subjective risk assessment when it comes to illegal drugs.

VirginiaVa. Code Ann. 63.2-1509(B) (LexisNexis through 2008 Sp. Sess.)For purposes of the reporting law, Ǒreason to suspect that a child is abused or neglectedҒ shall include:QUOTE]This only pretains to mandated reporters and when they must report substance exposed newborns to CPS.This is the statue regarding Child Abuseҧ 63.2-100. (Effective until July 1, 2013) Definitions. As used in this title, unless the context requires a different meaning: "Abused or neglected child" means any child less than 18 years of age: 1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions, including but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of 18.2-248; This statue does not specify when a child is considered a child. I am assuming in VA an unborn fetus is not considered a child but a part of the mother's own body. OhioFosterMom - I understand the benefits of methadone for pregnant users but I do not agree with it as a form of recovery or treament for the addiction. My cousin is no longer pregnant so why should she get to continue consuming her drugs while her infant son suffers withdrawals. My cousin's baby was tested because she admitted prior drug use and told her doctor she was on methadone - at her first prenatal appt 6 weeks before her due date. She knew her son would be tested for drugs and still thought it was okay to use cocaine...and apparently it is since she gets to take her baby home.

Powerof3 Something is just not right. I googled Virginia CPS meconium. And found the information I posted and some I posted just now. I am diasaapointed that all these laws get written to benefit the helpless. And then through some creative written or verbal presentations the facts become obfuscated or ignored. Attending physicians are required to immediately make a report to Child Protective Services (CPS) if any one of the following occurs: • Urine or blood toxicology conducted on the mother or infant, within 48 hours of birth, is positive. • A medical finding is made, within 48 hours of birth, of newborn dependency or withdrawal symptoms. • An illness, disease, or condition attributable to in utero substance exposure is diagnosed within seven (7) days of birth. • Fetal Alcohol Syndrome (FAS) is diagnosed within seven (7) days of birth. The next few paragraphs really confuse me. Am I reading this correctly, or is this double speak about mandated reporters, obligation to report the abuse or not report it? Drug Testing While drug testing is useful for diagnostic and treatment purposes, it is not legally required to make a report to CPS. Drug testing may include maternal blood or urine testing or hair analysis, or newborn urine or meconium testing. Laboratories routinely do a gas chromatography with mass spectrometry or other confirmatory test whenever they obtain a positive finding on a urine, meconium, or hair sample. Drug testing is only accurate for recent use i.e., within 24-72 hours. Hospital policies should establish patient assessment procedures to determine the care needed by each patient. These assessments should identify each patient’s medical needs and complicating conditions, including substance abuse, dependence and other addictive behaviors. Assessment and screening procedures should include: • Specific, evidence-based criteria for testing the mother and/or her newborn. • Expectations regarding the timing of tests, test types and consent. Some hospitals request consent for testing while others assume it within the patient’s general consent for care. To learn your hospital’s policy, check with its risk management office. Records Release When reporting substance exposed newborns, health care providers are required by the Code of Virginia to release, upon request, medical records that document the basis of the report of suspected child abuse or neglect. Disclosure of child abuse/neglect information and records to CPS agencies is also permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and federal Confidentiality of Alcohol and Drug Abuse Patient Information Regulations. (CFR 42 Part 2) Reporting Liability Health care providers reporting in good faith are immune from civil and criminal liability pursuant to Section 63.2- 1512 of the Virginia Code. Mandated reporter failure to report could result in criminal liability punishable as a misdemeanor with an imposed fine. [url]http://www.dbhds.virginia.gov/documents/CFS/CFS-Legal-Guide-Perinatal-SA.pdf[/url]

FlightTimeDad - The link you posted is a brouchure developed by social services for hospital and medical professionals on how to determine and treat prenatal drug abuse and state requirements for hospital staff to report certain situations to CPS. Once the report is made to CPS the caseworker must use their resources and expertise to determine whether the child is still in danger from the parental drug abuse. My cousin passed her first drug test :cheer: and passed the home inspection. I am not sure if the assesement is officially complete. I can't imagine the caseworker will just let my cousin walk off into the sunset with her baby. I am sure she still has lots to do in order to maintain custody. Like OhioFosterMom noted; if the drug abuse does not impair the parent's abilities then they can continue to use drugs or alcohol. I don't think a magic line should be drawn between legal and illegal drug abuse either. There are numerous legal prescription drugs that can cause addiction and dependency and not to mention that alcohol is perfectly legal and that is the MOST damaging on a fetus.

Flighttime, your question re: "While drug testing is useful for diagnostic and treatment purposes, it is not legally required to make a report to CPS." 1.What the policy is saying is that the hospital staff is not LEGALLY REQUIRED to have drug test results in order to make a report. They can report to CPS with less evidence. (Other test results, self reporting by the mother, and physical characteristic evidence, for example....) 2. They are mandated reporters, so they are required to report if they DO have drug test results.

They only test if bio mom admits she is using, or is under influence at time of delivery, or have an active order from CPS, and they do test merconium, it was in Chubbs records. I know for fact that my niece was using but nobody tested her baby because she didn't present as a user.

I am not sure what assesment tools your state uses. But in Ohio according to the CAPMIS model a positive drug screen in the meconium for a new born is an automatic override. A safety plan by CPS must be put in place. That can be aa in home safety plan, or out of home, meaning the child is put into kinship or fostercare. I think that means the child becomes ajudicated the state takes custody and a case plan is developed. Drug screens of the birth parent or parents will be required. I agree many prescription drugs are abused. If the child required six weeks in the hospital I pretty sure CPS is watching out for the child. Has the child been assigned a GAL or CASA by the court? It is their job to keep tabs on how that child is being looked after in addition to CPS.

TemporaryMom That is an interesting bit of information about your niece. I wonder if DeWine is going push for mandatory meconium drug screening laws?

baby doesn't have a casa or gal. just mom and cw. i am going to call cw today bc i have a lot of questions.

VirginiaVa. Code Ann. 63.2-1509(B) (LexisNexis through 2008 Sp. Sess.)For purposes of the reporting law, Ǒreason to suspect that a child is abused or neglectedҒ shall include:A finding made by an attending physician within 7 days of a childҒs birth that the results of a blood or urine test conducted within 48 hours of the birth of the child indicate the presence of a controlled substance not prescribed for the mother by a physicianA finding by an attending physician made within 48 hours of a childՒs birth that the child was born dependent on a controlled substance that was not prescribed by a physician for the mother and has demonstrated withdrawal symptomsA diagnosis by an attending physician made within 7 days of a childՒs birth that the child has an illness, disease, or condition that, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance that was not prescribed by a physician for the mother or the childA diagnosis by an attending physician made within 7 days of a childՒs birth that the child has fetal alcohol syndrome attributable to in utero exposure to alcoholWhen Ցreason to suspectҒ is based upon this subsection, such fact shall be included in the report along with the facts relied upon by the person making the report.Va. Code Ann. ҧ 18.2-248.02 (LexisNexis through 2008 Sp. Sess.)Any person age 18 or older who maintains a custodial relationship over a child younger than age 18, including, but not limited to, a parent, stepparent, grandparent, stepgrandparent, or who stands in loco parentis with respect to such child, and who knowingly allows that child to be present in the same dwelling, apartment, unit of a hotel, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine, as prohibited 18.2-248(C1), is guilty of a felony punishable by imprisonment for not less than 10 years nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.[/QUOTE]Interesting link...and I see that in my state, the child doesn't need to test positive, but if a newborn shows signs of withdrawal, a doctor or hospital staff can contact CPS and they can remove the child without an order of the court to do so. Which was the case with our first placement. He wasn't tested but went into serious withdrawals after a day or two. Luckily he was born early enough for them to keep him in the hospital long enough to observe this. It's such a sad, growing situation. :(

My daughter went home with her birthmother. No drug test was done in the hospital. She had a CPS case open in another county 3 hours away. It took 8 days for CPS to intervene and remove my daughter. Turns out, birthmom had positive cocaine hair follicle 3, 6, and 9 months back and her history was enough for immediate grounds for removal. When she was finally removed, she had been breastfed while mom was actively using cocaine. Our daughter had tremors for 3 months, digestive issues, and now has sensory and some emotional issues. I just couldn't believe the hospital would send her home with an addict! So sad!

Powerof 3 Good! That is what this forum is about, asking questions, gaining resources and feed back. So you can hold the people entrusted with the welfare of these little one to accountable.

Mommyof2Miracles Often times it is the active concern of a relative or friend of the family that intervenes on behalf of the soon to be born child. They precipitate involvement with the authorities; police, CPS or other government agencies or services. I am sorry that the hospital did not follow up thoroughly and your daughter is having a rough time. Just keep loving that little girl.

OR the active concern of.....the FP of an older sibling who checks FB or gets wind of drug use from the "bio family grapevine"....:bullwhip:

With all the research I have been doing over the past 6 months regarding social services, drug exposed newborns etc I was made to feel like a "baby snatcher" on other forums or websites. But not here Foster Parents truly understand what can happen when you mix parental drug abuse and children together. You understand that I am not trying to "steal" my cousin's baby but to make sure he is safe while in her care. I am not opticmistic because I have known her my entire life. I have watched her daughter grow up without her biomom in any capacity other than "we are still waiting for ****(birthmom) to show up". I feel like if she was truly clean and on the road to recovery that she would want to make an effort to have some sort of relationship with her biodaughter and keep her body clean for her son. Fingers crossed....and lots of praying. I am so glad I am not in control of this situation. It is so comforting to know that God has it all worked out.