In the Delivery Room

Few things are more frightening for new parents than learning that the hospital has called CPS. It often happens after a positive toxicology test for the mother or the newborn.

Under California law, a positive toxicology screen alone is not enough to require a report of child abuse. A report must be made when other factors, such as indications of maternal substance abuse, suggest a risk of harm to the baby (Penal Code 11165.13).

If CPS does investigate, look carefully at the evidence:

•       Is it a preliminary screen or a confirmed test? Preliminary results can be wrong, and some say on their face that they can't be used as evidence.

•       Is there an official lab report and proof of chain of custody?

•       Could a prescribed medication explain the result?

California law also directs CPS to treat a parent's use of cannabis the same way it treats alcohol and legally prescribed medication during an investigation (Welfare and Institutions Code 328.2).

The days after birth matter. Showing a safe plan for the baby, such as a sober caregiver, prenatal and pediatric care, and treatment if needed, can make the difference between a safety plan at home and a removal.

If the hospital has called CPS after your baby's birth, call me at (855) 472-7368 right away for a free consultation.