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Can DHS do this???

So my sister had a baby about 2 1/2 mo ago. When she had her baby they tested her urine and found traces of Marijuana...they tried testing the baby and all 3 samples they took from him came back inconclusive. So they told her they were automatically opening a 3 mo case. That was 2 1/2 months ago. She was under the impression her case was going to be closed in 17 days!!! CPS showed up at her house today and said nope her case was JUST NOW opening nad she had to go in and get a drug test. They said if it came back positive for weed, her child would possibly become a warden of the state. They never looked around her house to see if they had diapers, food, clothing, crib, etc or anything...Can they just decide to open a case like that after she had been informed everything was going okay and it was going to be closed oct 17th???

Answer Question

Asked by Anonymous at 1:58 PM on Sep. 29, 2009 in Babies (0-12 months)

Answers (18)
  • that's why you shouldn't be a dope head, you can have your kids taken away

    Answer by Anonymous at 2:00 PM on Sep. 29, 2009

  • Yep once there has been an open case the case never completely closes. She was smoking weed while preggo? If that is in her file they will always be able to come and go as they please and if she fights them it just looks bad on her. It will look like she has something to hide

    Answer by heather.darin at 2:01 PM on Sep. 29, 2009

  • to my knowledge yes they can, the social services are there to make sure the child is ok. even nif she/he is being taken care of physically.there was still a suspect of drugs invovled. what it sounds like they are doing is trying to...i guess trick is the only word that i can think of. just as in a job were they tell you ok your going to have a drug test in 4 days, and then turn around the next day and say pee in the cup. it doesnt give you time to cover your tracks so to say.they are just looking out for the best interest in the child. does this make any since? i hope it does.and i hope everything goes well for said child and women.

    Answer by Anonymous at 2:04 PM on Sep. 29, 2009

  • i am actually going through the same thing myself right now and yes they can do this just let her know she needs to do exactly what they askof her no argueing or anything another thing i would suggest is tell h er to sign up for parenting classes and drug and alcohol courses they are making me take them i live in texas so it may be different where you are at but even still it shows she is doing what she needs to change her life i hope for all the best wiht your sister juts make sure she stays on the right track and stays away from it

    Answer by Anonymous at 2:06 PM on Sep. 29, 2009

  • OP:
    Shes NOT a dope head .She's never smoked around her baby (as far as I kknow). and she doesn't do it all the time (she says its MAYBE once a week...only when he's away at grandmas or something). We just dont think its fair that they can tell her after her 3 mo is almost up that her case is JUST NOW being opened. And like I said, all their worrying about is her...not whether the child is taken care of and has everything he needs. She has no problem with them testing her. But it seems like their not looking out for the interest of the child but instead just trying to bust her for drugs or something. She's a great mother who loves her son and would NEVER do anything to endanger him.

    Answer by Anonymous at 2:06 PM on Sep. 29, 2009

  • .She's never smoked around her baby (as far as I kknow).
    I hate to break it to you, but if she tested positive, and the baby had three "in conclusive" tests, she is smoking around the baby, or smoking when she is nursing.
    there are probably just trace amounts but still.

    Answer by Anonymous at 2:12 PM on Sep. 29, 2009

  • OP: I didnt really understand that part does a babys test come back inconclusive?? That was when they tested him at the hosp when he was first born.they havent tested him since then...they just tried testing him 3 times before she went home. If their worried about it hurting the baby then why wont they just test the baby for it then? I suppose I can understand wanting to make sure she's not an addict or something...?

    Answer by Anonymous at 2:15 PM on Sep. 29, 2009

  • If she tested postive in the hospital, then she WAS smoking during her pregnancy.
    So she was already endangering her child.

    Until they legalize it, federally its still and ILLEGAL substance, so yeah they can require her to test whenever. Don't be surprised if they test the baby again too.

    Answer by Anonymous at 2:22 PM on Sep. 29, 2009

  • If she would never do anything to endanger her child, then why the HELL is she smoking pot?

    Answer by Anonymous at 2:29 PM on Sep. 29, 2009

  • Umm if you're smoking illegal substances then YES your kids can be taken away from you. Plus the fact that she was smoking it while pregnant does not say a lot about her judgment as a mother.

    Answer by Anonymous at 2:30 PM on Sep. 29, 2009

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