When Can CPS Take Away a Baby After Drug Exposure?

When a baby is born with drugs in their system, concerns about their welfare arise quickly. Child Protective Services (CPS) may intervene, often leading to the immediate removal of the child. This article explores the circumstances under which CPS might take a baby away in such situations, emphasizing the importance of child safety and the role of common sense in decision-making.

Why CPS Intervenes

Almost always, a baby born positive for drugs is removed from the home. This is particularly true when the mother is an addict. Newborns are extremely vulnerable and dependent on their caregivers. Under no circumstances should they be left alone with an addict.

Real-life Example

I have over 10 years of experience working with CPS and retired 4 years ago. My experience led me to know that when a baby is born with drugs in their system, the first step is to seek custody and remove the child immediately. One instance stands out: we took custody of a baby, placed her in foster care initially, and later returned her to the parents after 10 months. However, six weeks later, the baby was brought to the ER with severe injuries. We took immediate action, revoking visits from the parents and filing for termination of parental rights. The child was eventually adopted by the previous foster family.

The Role of Common Sense

Without a doubt, anything that threatens a child's welfare can be a reason for CPS intervention. This extends beyond drug exposure. Factors such as abuse, neglect, poor living conditions, health issues, and lack of proper parenting skills can also prompt intervention. The decision-making process often relies on common sense and parental behavior indicators.

Reporting Requirements

A doctor or nurse is required to report certain signs of neglect or drug use. For example, significant weight loss or missed doctor appointments may be grounds for intervention. During my tenure at CPS, I witnessed a case where a newborn was taken from the hospital to a foster home on Christmas Eve. This served as an early reminder of the potential welfare concerns in such scenarios.

Can CPS Change Rules_normally?

CPS can intervene based on their assessment of a child's safety and well-being. They have the authority to file for custody and take immediate action if they believe the child's welfare is at risk. Although they must follow legal procedures, their primary concern is the protection of the child. Issues such as drug use by parents, parents being unable to provide for the child, and any form of abuse are valid reasons for CPS to step in.

There have been instances where CPS have sought to change laws on the same day, charging parents with neglect. They do this even if the reason for their inability to provide is due to discrimination or other socio-economic factors. These actions can appear to serve a form of population control, but they are primarily driven by the need to protect children from harm.

Conclusion

Child Protective Services (CPS) play a crucial role in ensuring the safety and well-being of children, especially those born with drug exposure. While their actions may seem drastic, they are often necessary to prevent further harm. The key lies in ensuring that the decision-making process is guided by common sense and a deep understanding of the child's welfare.

If you have concerns about CPS taking away a baby due to drug exposure, it’s important to understand the legal framework and the protective measures in place. Always consult with legal professionals and ensure that your concerns are investigated thoroughly.