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A local E.R. room of a hospital made a rush to judgement concerning my daughters urine screen. A call was made to police communications ctr that my infants urine screen was methamphetimine positive. CPS was called also. All this was done behind my back as I waited to see the doctor when tests were done. I was dragged out of hospital and my daughter was placed in foster care in one day and I was told that she injested meth. We found out 8 months later that she had a positive screen for amphetimine only. That screen was due to her own prescribed medicine namely Dimetapp ( PHENYLPROPANOLAMINE. She was taking Dimetapp.the lab report says positive for amphetimine only and right next to it it say a positive result would be produced by phenylpropanolamine. Thats all it was and their is no lab report that says methamphetimine. My lawyer did not represent me and or my child as any other attorney would have done, by looking at the lab repor first thing. he was negligent. He failed to raise one single argument at the criticle first hearing and my child was put into reunification. I was devasted. The police report says the Mother was not under the influence that eve, nor were their any signs of drug use found in the emegency search of the home. Why did they call this in as methaphetimine? Phenylpropanolamine has recently also been recalled by FDA for causing strokes. Im trying to find Samantha shes been adopted against my will and I was never allowed to have witnesses testify when the new hearing was granted because of this mistake. Her case is closed,, but I sent a complaint to the Grand Jury. Can I have this all start over from the beginning because my lawyer failed us?
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I am not a lawyer but I do have a background in Social Work and Foster parenting. While I don't know about the laws in your area, the general rule of thumb is, when a child enters protective custody they seek to reunify the family. That means that they should provide you with regular visits, sometimes they will require you take parenting classes, sometimes they will follow your progress in one area or another for a period of time. SOmetime they will help you meet these goals, but often they will tell you what they need you to do and leave it to you to meet the goals. Basically the intention is to make sure that you are making neccessary changes so that when your child returns to your home that they are entering a safe, positive environment. If they failed to provide you with a plan for reunification then they were negligent. WHen a case goes before a judge the protective services agency will provide the judge with a report and the judge will order that they work more with the biological family or terminate the parental rights. If your rights have not yet been terminated then you still have the ability to work to regain custody. Did they provide you with a plan for reunification?
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I was put into reunification, but I should not have been. She should never have been taken. My lawyer should have checked the lab report first thing. They led me to believe for 8 months that she had somehow injested methamphetimine. I am the one that decided to check the lab records. I was crying and grieveing and I took a bath and started praying and I just thought I would go down to the hospital and check the lab reports myself. I had not looked at them because I paid a lawyer 6,000.00 and the fact that CPS had placed her in a foster home already I assumed they had a positive lab report. I was wrong. When I went to the hospital I asked for my daughters medical records and all lab reports. They told me I would have to wait quite awhile and would I like to come back? I said no I will wait. I waited for over an hour and then they asked me again if I would rather come back. I said no, I am Samantha's Mother and I have a right to her medical records and I waited more. Then I was approached by this lady and she introduced herself to me. She said " Hello, I am the risk manager of the hospital, is their a problem?" I said no their is no problem, I just want copies of the lab report from the night in question because I was taken out of the E.R. room and taken to jail and my daughter was left here. I never knew what happened right after that and I just wanted the medical records and lab reports. She said I would have to pay for them and that I could pick them up the following morning. When I picked the records up the next morning, all they said were released to foster care, fussy irritable child, discharge diagnosis, mild ear infection, accidental injestion of amphetimine. Not Methamphetimine. Yet everyone had led me to believe all these 8 months now that it was methamphetimine. No one ever told me that it showed positive for amphetimine. My social worker didnt tell me and even my own attorney didnt tell me. They worded methamphetimine in their reports and worded controlled susstance in their reports, and led the judge to believe that she had a positive amphetimine due to her injesting a controlled substance. They wrote on the petition that the baby was born positive for methamphetimine at birth almost a year prior to this incident.